05-26-05 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Board of Adjustment July 28, 2005 #V05-004 Page 3 Analvsis: Section 106-192, 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 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 The Board must decide if the applicant's request to have a density of 25 units per acre is reasonable. In addition, if the parking analysis submitted by the applicant are justified. The Board is charged with deciding whether all of the above conditions have been met. The applicant believes that imposing current regulations will cause undue burden and incur expenses to accomplish this project. Loss of green space and cutting down the mature trees will have a negative impact on the area specifically adjacent to the Galveston Bay. The applicant requests that the Board recognize this as a hardship. The applicant designed this project for the senior population; however, concerns arise over use. While measures are in place to ensure that the property remains a senior facility for over 50 years, after that period, the use could revert to "regular" multi-family use. If the density (14 DU/A) required by ordinance are not enforced, the complex could become a non-conforming structure. A set of covenants and restrictions may be submitted to ensure that the project will remain a senior housing facility and may not be converted into a commercial apartment complex at any stage.