06-24-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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CJ • Zoning Board of Adjustment July 22, 2004 #V04-008 Page 2 of 3 exceptional physical situation unique to the specific piece of property in question. "Unnecessary hazdship" shall mean physical hardship relating to the property itself as distinguished from a hazdship relating to convenience, financial considerations or caprice, and the hazdship must not result from the applicant or property owner's own actions; and • That by granting the variance, the spirit of the chapter will be observed. A review of the site survey for the property shows the existence of 25' wide easemems (15' drainage easement + 10' utility easement) in the reaz yazd of the lot. The total squaze footage of the lot may easily accommodate an accessory building or proposed gazage with the currerrt lot's dimensions of width and depth The applicasrt wants to construct a 30'x 50' building that is 500 5. F. over the limit allowed by the Ordinance. The applicant states that the additional size is required due to: • A recreational vehicle, which is exposed to weather and other environmental conditions. • Other family vehicles to be kept in place. • Lawn mowers, tools and other necessary items to be secured inside. • Extra space will allow ample maintenance area.. The ZBOA's final considerr~ion is whether granting of this request observes the spirit of the ordinance There are no provisions in the Ordinance to vrvy from the size restriction based upon the intended use Conclusion: Variance Request #V04-008 seeks relief for the construction of an accessory building in the reaz yazd of lot 7 in excess of 1000 S.F. contrary to the City Code of Ordinances. The circumstance for the requested variance does not, in our opinion, meet the provisions established by Section 106-192. (Variances) in that the request is not due to physical hardship imposed by the uniqueness of the property concerned. While the reasons for the variance relating to the size of the building do not strictly conform to "physical hazdship relating to the property itselfl' the building's intended use to store items, vehicles and equipment that might otherwise be committed to open storage may be taken into consideration when rendering a decision. As a reminder, the Boazd considered a similar matter on June 24, 2004.