07-22-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment August 26, 2004 Meeting #SE 04-008 Page 2 of 3 This. exception.. is -being requested under the terms . of Section 106- 191(b)(2)(a) and (d) 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. ❖ An exception where the front yard setbacks of the various lots in the same block are not uniform. . An sis: 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. Regarding this" request; the relief being sought is similar to the circumstance covered by the of the Special Exception Section. • Allow construction of a fence with a reduced front yard setback: The issues to ' consider are impact on neighboring property and the best public: interest.'. In the opinuon of the City Staff ; 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 The fence will serve to provide a uniform setback of adjacent properties and, as stated .by the. applicant, enhance the safety of four grandchildren who do not . have direct access to the rear yard:. Section 106-191 �(b) (2)..(a); City. Code of ordinances states that a special .exception maybe granted if . "Any exception from the front yard requirement where.the. actual front:.yard setback of any abutting lot does not meet the front yard requirement." ; ➢:.Section 106-191 (b) (2) d: states ."An: exception:where the existing .. front yard. setbacks of the . various .lots in..the same block are not uniform; so .that any one of the existing -front yard setbacks shall, for buildings hereafter constructed or: extended; be the required minimum front yard depth.