11-20-2002 Regular Meeting and Public Hearing

Browse Search

Board of Adjustment 10/24/02 - #A 02-003 Page 3 of 3 The general intent and purpose behind the zoning ordinance is to promote public health, safety, and welfare. This is accomplished by providing a safe transportation system, providing sufficient open spaces and landscaped areas, and preventing the overcrowding of land. The zoning ordinance clearly provides for these items. Upholding the enforcement officer's decision in this case would certainly be in the best interest of the community and would be consistent with the spirit and interest of the City's zoning laws and the comprehensive plan of the city. Conclusion: Sec. 106-261 does provide for the preservation of property rights when necessary to promote the general welfare and to protect the character of surrounding property. A remedy exists for the property owner to retain all the pre-existing nonconforming features found at 216 S. le Street. However, the property owner thus far, has elected not to utilize this specific remedy. The property owner and applicant have appealed to the Assistant City Manager. This resulted in confirmation that adding a building and related facilities to this site is in -fact an enlargement of a nonconforming structure and that the guidelines found in Sec. 106- 262(g) shall be followed. Staff recommends that the Board deny this appeal and uphold the ordinance provisions found in Sections 106-261 and 106-262. Appeals: As per Section 106-196 of the Code of Ordinances of the City of LaPorte: 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 present 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.