01-22-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment April 22, 2004 Meeting #SE 04-006 Page 2 of 2 This exception is being requested under the terms of Section 106- 19 1 (b)(2)(a)&(b) of the City's, Code of Ordinances. •:� To deviate a front yard setback requirement where the actual front yard setback of any abutting lot does not meet the front yard requirement. ❖ A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirement of these regulations. 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 finds 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. I 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 where such exceptions already exist, nor does it appear that granting this exception would be contrary to the best public interest. Conclusion: Granting the special exception would not be out of line with the existing neighborhood. The proposed improvements add value to the property, together with maintaining integrity both structurally and esthetically. Anneals: 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.