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

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Zoning Board of Adjustment August 26, 2004 #VO4-009 - Page 2 of 2 Conclusion: - In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes -'that the development of the property may not create a problem with adjoining properties. Adjoining properties have similar use. In addition, .a survey -of surrounding - properties. -shows that this proposed development is - typical to the commercial entities especially, to lodging industry. Coordination with the La Porte Fire Department showed no safety related issues. The ZBOA's final consideration is whether granting of this request, observes the spirit of the ordinance. - The developer/owner of proposed hotel/motel has submitted letters from the City of Deer Park and Chamber of .Commerce' showing strong support for the projects aurently operated there. A letter from the Southtiust Bank shows credibility towards carrying out this proposed venture in LaPorte. The applicant's request is based solely on the current shape and location of the property. In addition, the developer is :unable to take advantage of the driveway. off State Highway 146. The visibility and marketability factors play a major role in a successful business. Under the circumstances, .compensatory measures should be considered to make a project economically feasible Request #VO4-009 seeks a variance for the applicant to build a 4 story hotel with required parking spaces and landscaping exceeding maximum height of 45 feet. The building heights usually exclude penthouses containing mechanical equipment such as air conditioning or elevator equipment . and church spires, water towers, radio, and cellular . antennas, etc. The parameters for the requested variance, given the shape and location of . the.. property and the economic feasibility . issues involved may meet the provisions established by Section 106-192. Variances. While recognizing the circumstances: associated with the property, the Board could consider: • Allowing the project 4 stories with a height of 60 feet, exceeding the maximum height limit, (variance.granted). • -Should the Board. deny the variance, the.maximum height limit of 45 feet shall be observed: 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 theillegality. 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.".