07-12-2001 Regular Meeing and Public Hearing

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Board of Adjustment January 24, 2002 #V 02-001 Page 3 distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant'or property owner's own actions; and ❖ That by granting the variance, the spirit of the chapter will be observed The Board must decide if the applicant's request to have building setbacks at 20'-10'-10' instead . of 25'-20'-20' per Section 106-333 Table 3 is reasonable. The Board is charged with deciding whether all of the above conditions have been met. The applicant'believes that imposing current setbacks will cause congestion and eliminate green space and recreational amenities. The applicant requests that the Board recognize this as a hardship. The applicant designed Churchill Place for the senior population; however, concerns arise over use. While measures are. in place to ensure that the property remains a senior facility for 40 years, after that period, the use could revert to "regular". multi -family use. If the setbacks (25'-20'-20') required by ordinance are not enforced, the complex could become a Non -conforming structure. Furthermore, staff does not have evidence proving that a "hardship" exists. No unique physical conditions exist on the applicant's property that preclude the project from complying with the City's setbacks. The applicant could incorporate the remainder of Block 1160 into the project to meet the City's building setbacks. The applicant has not filed a plat for this project; therefore, additional lots could be added without causing a re -plat. Conclusion: The applicant has not shown that circumstances unique to his property exist. Based on the facts outlined in this report, the conditions precedent to the granting of a variance do not exist. Appeals: Asper Section 106-196 of the Code of Ordinances of the City of La Porte: Any person or persons, jointly or severally, aggrieved by. any decision of the Board of Adjustment, or any taxpayer, or any q, ficer,' department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by VTCA, Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, spec Eying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the. office of the Board of Adjustment.