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

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• • Board of Adjustment November 23, 2004 #V 04-011 Page 2 • Submit a variance request to the Zoning Boazd of Adjustment seeking relief from :the building setback. Citing Section 106-192 B (2) b, the applicant is seeking a variance from the required front yazd setback of 20'. He is requesting building setback for an 18' encroachment of the building facade into the front building setback along North Broadway. In addition, rear and side yazd setbacks of 10' already exist at site. The applicant requests that the Board recognize this hazdship. On the variance application, the owner stated that the improvement to this properly would lead to an overall economic enhancement for the general azea. The property holds the potential to be transformed into a higher and best use. Furthermore, new improvements which will enhance the image of the property results in the public's best interest and overall impression of the area. Further, building would be remodeled under the current regulations. Revitalization of pre-existing structure presents an opportunity for the newest life-safety guidelines to be implemented in building re-construction. Currently, the City's ordinances and various adopted amendments address the issues raised by the applicant. Currently, the zoning ordinance requires a minimum of 6 percent of the property is landscaped. In terms of building proximity, the City must apply the adopted fire protection and life safety standazds and must ensure that all buildings meet these standazds prior to occupancy. Drainage issues can be resolved by designing shallow storm water detention into the parking lots to mitigate adverse affects. Ana sis: Section 106-192 B (1), in the Code of Ordinances, defines a variance as deviation from the literal provisions of the chapter which is granted by the Board when strict conformity to the chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted Except as otherwise prohibited the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. • That the granting of the variance will not be contrary to the best public interest. • That. literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the speck piece of property in question. "Unnecessary