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Zoning Board of Adjustment <br />December 4, 2003 <br />#V 03-005 <br />Page 3. of 3 <br />Conclusion: While the applicant's variance request does not appear to be contrary to the general <br />public, the Board must determine if the granting of the variance would meet the spirit of <br />the law and whether a ".physical hardship" unique to that property has been established <br />by the applicant. <br />Recommendation: Since Staffs responsibility is to enforce applicable city codes and ordinances, the <br />applicant's proposal conflicts with zoning regulations and it is Staffs opinion that the <br />applicant only meets two out of the three requirements so our recommendation would be <br />to deny the request. As part of its decision, the Board must consider both issues (the <br />over -sized structure itself and the required placement behind the primary structure) noted <br />in this report. <br />Appeals: As per Section 106-196 of the Code of Ordinances of the City of La Porte: <br />Any person or -persons, jointly or severally, aggrieved by any decision of the Board of <br />Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may <br />present to a court of record a petition for a writ of certiorari, as provided by V. T. C.A., <br />Local Government Code Section 211.011, duly verified, setting forth that such decision is <br />illegal, in whole or in part, specking the grounds of the illegality. Such petition shall be <br />presented to the court within ten days after the filing of the decision in the office of the <br />Board ofAdjustrrient. <br />