04-22-1999 Regular Meeing and Public Hearing

Browse Search

• • Board of Adjustment Apri122, 1999 #SE 99-002 Page 2 of 3 While the lot in question is not located at the corner of two street right-of- ways, it is located at the corner of an improved sixteen-foot (16') alley and a street right-of--way. The alley is used for vehicular trafl"ic/access to businesses along Main Street and staff feels the exception is needed to establish the proposed seven-foot (7') side yard setback off the northern property line. We believe that this situation is within the spirit of Section 105-191(b)(2xc) of the Code of Ordinances of the City of La Porte. (See Exhibit B). The City Attorney has concurred. Analysis: The Code of Ordinances defines a special exception as a specified enumerated deviation from zoning regulations. The Board is empowered to grant a special exception when it finds the following: • Granting the exception will not adversely affect the value, or use of neighboring property. • Granting the exception will not be contrary to the best public interest. Regarding this request, the relief being sought is covered by the terms of the Special Exception Section. • Construction of a 20' X 20' office/storage accessory building on an existing slab foundation located three-foot (3') off the northern property line (alley). Based on these factors, staff believes the request is eligible to be considered for the exception. The issues to consider are impact on neighboring property and the best public interest. This would allow the use of an existing slab and provide a uniform look to the property since the principle building is seven- foot (7') offthe northern (alley) property line. Based on these considerations, it does not appear that granting the requested special exception will adversely impact the adjacent properties. Also, the applicant is willing to provide any additional screening the Board feels may be justified. Therefore, it does not appear that granting this exception would be contrary to the best public interest.