09-23-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

Browse Search

A Variance is ation from the literal rovisions of the Ordinance." The - P ~g City's Board of Adjustments may. NOT grant a variance that does not meet all of the following - conditions: 1. The variance must not be contrary to the public interest. 2. Literal enforcement of the Zoning •Ordinance•must result in a hardship. This hardship . must be unique to the property in question. Properly that is undevelopable due to~its' unusual shape, narrowness, .shallowness, or topography constitutes the primary example . - of hardship. Hardships that are financial in nature or due to the owner's actions cannot be .. • • granted. ~ ~ - ~ - ~ . 3. Granting•the variance must not violate the spirit of the Zoning Ordinance. -• - . - •hTo variance that allows a use fihat is prohibited within the Use zone in question maybe granted. - ~ . .' ~ ~ For example, a variance allowing a commercial use in a residential zone is not allowable. ~- Please remember if is the Applicant's responsibility to prove drat a variance will meet the above conditions. - . . - If there is not adequate room an the remainder of this form to list all pertinent ~ , ~ - _ - ' information,please feel•free to attach~an'additional letter or anyinform~tion and exhibits you feel .' . . the Board should consider. ~ . .FACTS-RELEVtl,NT ~O THIS 1MATTER: ~ ' - ~ ~ ~ -. . In its present condition, the property has pro-existing~ conditions, that. are . . ~ ~_ rion-conforming to The City's ~ Zoning ~ Ordinance. These `conditions present ° ~ ~ . ' , enforcement challenges. Specifically; the existing structure. encroaches into the ~ . ~ - ~~ - ~ - ~~. Front Building setback. line (Broadway) as well ~as the Rear Building setback line; ~. ,~ ~ ~° . . ~ (Alley RO.W:): 'The Zoning. Ordinance,. for a commercially zoned structure that. - ~ 'abuts a residentially zoned property is found in: (Code BELO ' . ~ ~ Summary ~ ~ • - -. ~ 20'` Front Building set-back ~ ~ ~ ~ • ~~ 20' 'Rear Building set-back. ~ ~ ~ . ` ~ ~ ~ ~ ~~ . - ~ 10' Side Building set-back _ ~ ~ ~ - • ~ . ~.