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 3 hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship 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 The Boazd must decide if the applicant's request to have building setbacks at a specified distance is reasonable. The Boazd is chazged with deciding whether all of the above conditions have been met. The applicant believes that a relief on the current setbacks will improve the image of an area with new construction project has the potential to positively impact the economic vitality as well as increasing a positive image. The applicant requests that the Boazd recognize this as a positive step. Staff, however, does not have evidence proving that a "hazdship" exists. Except that the building was built at least 40 yeazs ago, no unique physical conditions exist on the applicant's property that precludes the project from complying with the City's setbacks. Conclusion: The applicant has not shown that circumstances unique to his property exist. Based on the facts outlined in this report, however, conditions would improve but not comply if a variance is granted. Anneals: Asper 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 arty taxpayer, or any o,~icer, 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, specking the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the o, Bice of the Board of Adjustment.