03-24-05 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment May 26, 2005 #V05-002 Page 2 of3 .:. 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 specific piece of property in question. "Unnecessary 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. In determining if granting the request would be contrary to the public interest, Staff recognizes that the proposed development of the property may not create any problem with adjoining properties. Adjacent properties across the streets are Sylvan Beach Park, Skate Board Park (former Tennis Courts) to the east and La Porte High School to the west. An observation of the surrounding area verifies that this is a public property for the enjoyment and use by the citizens and visitors of La Porte. The City reserves the rights to protect its land and promote public health, safety, and welfare of the citizens. The Zoning Board of Adjustment's [mal consideration is whether granting of this request, observes the spirit ofthe ordinance. Conclusion: Variance Request #V05-002 seeks a variance for installation of a new ornamental iron fence along perimeter boundary of an entire block. The new fence around the subject property will provide security as well as an attractive addition to the park. In addition, proper landscaping and other amenities will enhance the attractiveness of the historic facility with increasing its security and safety of patrons. The parameters for the requested variance, given the history of the property and the safety issues involved may meet the provisions established by Section 106-192, Variances. While recognizing the unique circumstances and historical aspects associated with the property, the Board could consider: · Allowing a new galvanized ornamental iron fence around the subject property (variance granted). · Should the Board deny the variance, an existing chain link fence at current location will remain in place.