01-24-2002 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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• • Board of Adjustment •• ~ - ' 06/27/02 - #A 02-002 Page 2 of 3 - above the grourrc~ •and such fence shall not be erected within the required landscaped portion of arty yard or the front yard setback of arty commercial or industrial establishment. A copy of the city regulation follows this report and is identified as "Exhibit C". The applicant was provided the fence regulation and staff discussed the matter with them, Based on the City's current regulations, staff had no alternative but to deny the front yard fence permit. The applicant chose to utilize the appeal avenue and their appeal application precedes this report. The applicant requests they be allowed to erect a fence within the required twenty-foot (20') front yazd setback. Analysis: ~ ~ In describing the action of appeal, the Code of Ordinances states: In~ exercising the .powers set forth in Section 106-88, the Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, . ~ wholly or partly, or may modify the order, requiremerrt, decision, or . determination as ought to be made, and to that end shall have all the .powers of the enforcement officer from whom the appeal is taken. The Board must find the following in order to grant an appeal. a) That there is a reasonable di„~`erence of interpretation as to •the speck _ intent of . the zoning regulations or zoning map, provided the . interpretation of the enforcement o,~cer is a reasonable presumption and the zoning ordinance is unreasonable. Current regulations are written in a clear manner that .allows the enforcement officer to understand the intent of City Council as it relates . to fencing and fence location. This regulation has been in effect s ince the January 26, 1987 adoption of Zoning Ordinance #1501 and the regulation has not been proven to be "unreasonable". b) That the resulting interpretation will not grant. a special privilege to one property inconsistent with other properties or uses similarly situated Current regulations are written in a cleaz manner that enables individuals to understand City Council's intent. This enables staff to provide the information to others and be consistent in ~ the enforcement of this regulation. This consistency in the enforceme~ of the regulation ensures no "special privilege" to any one property: Staff has denied previous . permit requests for fiont yard fences. .