07-28-05 Regular Meeting and Public Hearing Meeting of the La Porte Zoning Board of Adjustment MInutes

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Board of Adjustment October 27,2005 Meeting #SE 05-002 Page 3 of 4 Analysis: Conclusion: .:. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. The Code of Ordinances defines a special exception as a specified enumerated deviation from zoning regulations. The Board is empowered to grant a special exception when it finds the following: .:. Granting the exception will not adversely affect the value, or use of neighboring property. .:. Granting the exception will not be contrary to the best public interest. Regarding this request, the relief being sought is similar to the circumstances outlined in the terms of the Special Exception Section. . Allow placement of a house and construction of porches and stairs for a single-family dwelling with a reduced front yard and rear yard setbacks. The issues to consider are what the possible impact on neighboring property will be, and the best public interest. There are other homes within the same block that do not comply with the standard twenty-five foot (25') front yard setback. The home (including the addition of stairs and porch), when closest to the front property line, is set back just over seven feet. Based on the applicant's request, the porch addition would result in her structure being located just over twenty one (21 ') from the front property line. The Board must consider whether decreasing the front and rear yard setbacks, as requested by the applicant, will adversely impact the adjacent properties or be contrary to the best public interest. When considering SE #05-002, it should be noted that the existing houses currently represent an "average setback" of the various yard setbacks existing within the same block. If the Board is uncomfortable granting these "less-restrictive" setbacks to the subject home, they may consider amending the applicant's request by reducing the proposed size of the roofed-over porch. If the Board grants the Special Exception for the applicant, staff will notify the applicant that: