08-28-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

Browse Search

Board of Adjustment December 4, 2003 #SE 03-007 Page 2 of 3 Analysis: The Code of . Ordinances defines a. special exception as a specified enumerated deviation from zoning regulations. The Board is empowered to grant a special exception when it, f nds the following: ❖ Granting the exception will not adversely affect the value, or use of neighboring property. ❖ -Granting the exception will not be contrary to the best public interest. The applicant's request is based on Section 106-191(b)(2)(c), which states the following: To deviate yard requirements in the following circumstances: a yard exception on corner lots. The applicant recognizes contributing factors played a role, in this situation. The initial factor was the property survey's lack of reference regarding building setback requirements and subsequently, the city's oversight during the plan review stage. Since there are no plans for development of East B Street and vehicular traffic, this would not be an issue. Allowing an exception to the side set back would not create a visual obstacle for motorists. Section 106-191(b)(2)(c) seems to provide the flexibility/relief . needed to address the challenge being faced on this development Conclusion: Based on the points noted in the report, the Board is charged with deciding whether the applicant's request for a four -foot (4') comer lot yard exception is "reasonable" -and that the granting of the special exception will not adversely affect the value and use of adjacent or neighboring property, or be contrary to the public's best interest. Recommendation: Since Staffs responsibility is to enforce applicable city codes and ordinances, we note that the applicant's proposal conflicts with zoning regulations. However, we also recognize the uniqueness and intent - of the ordinance is to address sight visibility for vehicular traffic. In this case, the future use of the right-of-way in question is for "drainage" purposes rather than vehicular traffic. It is Staff s opinion that the applicant's request meets the criteria for a special exception and our recommendation would be to approve the request. As part of its decision, the Board must consider issues noted in this report.