12-04-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment January 22, 2004 #VO4-001 Page 3 of 4 As shown on the survey/site plan, the angling creek (water's edge) is located in the proposed side yard of property. As noted in definition (See Exhibit D) the minimum standard landscape setback would be 20'. This setback is measured from the edge of the stream along the entire length of the property. Please note the survey/site plan, as drawn, does not identify a specific setback for the development.. The ZBOA's final consideration is whether granting of this request, observes the spirit of the ordinance. Based on the facts noted in this report, the applicant's request could be considered reasonable if deemed within the spirit of the ordinance. An additional concern.is the determination of the line on the property that represents Mean Sea Level. Typically the high bank is depicted to determine where the- property begins to drop off towards the water's edge. The high bank location can determine an applicant's ability to build in accordance with city, state and federal regulations. Conclusion: Variance Request #VO4-001 which seeks a reduction of the standard rear yard, side yard and conservation. area setback is unusual.' Staff notes that the reduction of these area requirements alone will not make the site "buildable". For this reason, the applicant has submitted a second request (special'exception).. j With the need for two requests on the same property, the Board may wish to review the next agenda item (Special Exception #SE04-001) before taking action on this request. While recognizing the unusual circumstances associated with the property deserve special consideration, staff believes regulations still need to be satisfied. Staff recommends approval of this request subject to no issuance of construction permit(s) until compliance with all conditions noted in this report. • Require the surveyor to identify the high bank area along the entire length of the property, including the area where the proposed improvements are shown. • Prohibit installation of any in -ground piles and/or supports within the high bank area • -The only encroachments into the high bank area shall be aerial in nature • Provide the City with a copy of the Army Corp of Engineers authorization letter pertaining to regulations on Section 10 Waters.- Letter should include reference to Lot 12 & E. '/2 of Lot 11, Oak Grove Block, Bayshore Park Addition and Tract 7; Abst. 35,1 Hunter Survey (The Corp's letter submitted to the City does not atkess Tract 7)