03-23-95 Regular Meeing and Public Hearing

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• Page 3 of 3 Board of Adjustment Staff Report of 7-6-95 #A95-003 • been abandoned is a question that will be determined by the Boazd of Adjustment". This paragraph further states "the property owner...seeking to maintain the .non-conforming structure shall have the burden of proving...that [he] did not intend to abandon the structure". If the applicants demonstrate to the Boazd's satisfaction, that they did not intend to abandon the right to maintain a front yazd fence, it will be appropriate to grant this appeal. Conclusion: Staff feels that the applicants acted in error and in ignorance of ordinance requirements. While it does not appear they intended to abandon their right to maintain a front yazd fence, it is their responsibility to demonstrate this to the Boazd. Should the Boazd grant this appeal, it will free staff to issue a permit for a new fence subject to the following conditions. The new fence must comply with all other fencing provisions of Zoning Ordinance and Building Code (as presented in the application, the new fence does comply). The site plan submitted by the applicants indicates there is a backyazd swimming pool. All gates leading into the pool enclosure must be self closing and self latching. All fencing must comply with the provisions of the Standazd Swimming Pool Code. Construction of the new fence was begun without a permit. As provided for by the Standard Building Code, the permit fee for this fence will be doubled. Staff would further request that it be stipulated that a building permit for construction of the new fence be obtained within 10 days of the Boazd's decision. Anneals: As per Section 11-610 of Zoning Ordinance 1501: Any person or persons, jointly or severally, aggrieved by any decision of the Boazd of Adjustment, or any taxpayer, or any officer, department, boazd, or bureau of the City of La Porte may present to a court of record a petition for a writ of certiorari, as provided by Vernon's Texas Codes Annotated, Local Government Code, Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board of Adjustment.