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 3 of 3 c) The decision of the Board must be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws and the comprehensive plan of the city. . Staff believes the erection of the front yard fence would conflict with the intent of the regulation and would not be in the best interest of the community or be consistent with the spirit and interest of the City's zoning laws and the comprehensive plan of the city. Conclusion: Based on the facts and considerations noted in this report, Staff feels the -Board should deny granting the Appeal of the Building Official's Decision #A02-002. The denial of this appeal would ensure that a "special privilege" is not afforded to one property. Staffbelieves the appropriate avenue to address this matter would be for the applicant to approach members of the Planning and Zoning Commission and City Council and shaze their ideas for a proposed ordinance change to the fence regulations. A resulting ordinance change, if it was determined that the proposal had merit, would then benefit all residents of La Porte. Appeals: ~ As per 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 officer, department, board or bureau of the city may presertt to a court of record a petition for a writ of . certiorari, as provided by V.T.C.A., 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 days after the filing of the decision in the office of the Board of Adjustment.