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

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Board of Adjustment January 22, 2004 Meeting #SE 04-001 Page 3 of 3 Regarding this request, the relief being sought is similar to the circumstance covered by the terms of the Special Exception Section. • Allow construction of a single-family dwelling with a reduced front yard setback. The issues to consider are impact on neighboring property and the best public interest. It does not appear that granting the requested special exception will adversely impact the adjacent properties nor does it appear that granting this -exception would be contrary to the best public interest. Conclusion: Although the"circumstance noted in this report is not unusual, staff feels the need for a second request (variance) complicates the matter being considered under this special exception request. In recognizing the complication, staff believes the property deserves special consideration while still meeting certain regulations. Staff recommends approval of this request subject to no issuance of construction permit(s) until compliance with all conditions noted in this report. • Any relief granted should not conflict with the maintenance of public utilities located within the property; and • Approval is conditional upon the granting of a utility easement. to the city. • Require in -ground piles and/or supports be located 15' back from the front property line while still allowing the proposed_ aerial deck to be located 10' from the front property line 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 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.