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

Browse Search

Board of Adjustment July 28, 2005 #Y05-004 Page 4 Conclusion: Anneals: Nonetheless, Staff believes that applicant's request does not meet the test for hardship for the following reasons: First, while the tract has an "odd shaped" configuration, this has not precluded or impaired development. Furthermore, the amount of acreage available will not impose a burden on development. Second, allowing 28 additional units would not negatively impact the community; however, it clearly goes against the new regulations approved by the City. Due to the typical ages of the residents in a senior housing facility, the increase density per acre will not impact any additional traffic in the area. As per applicant's research, the average parking ratio is about 0.5 space per unit assessed for five different senior housing projects located in other parts of the State. But, applicant is committed to provide parking spaces beyond the 0.5 space per unit if it does not significantly impact the design and loss of major trees on the subject tract. La Porte Comprehensive Plan, Chapter 9, Residential Development, has provisions to provide for additional retirement communities and centers within the appropriate zoning districts. Variance Request #V05-004, which seeks a variance for allowing an increased density and exception for lowering the parking spaces ratio, may not be in conformance with the City of La Porte Code of Ordinances. In addition to the likelihood of an adverse impact of the overall project, the parameters for the requested variance, in staff s opinion, appear to meet the provisions established by Section 106-192 Variances and Special Exception (106-191 ). While recognizing the circumstances associated with the property, the Board could consider: . Allowing the requested oversized density and accepting the parking ratio assessed by the applicant (variance granted). . Directing the owner to modify the plans to comply with the ordinances (variance denied). As per 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 any taxpayer, or any officer, 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 CA., Local Government Code Section 211.011, duly verified, settingforth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment.