10-27-05 Regular Meeting of the La Porte Zoning Board of Adjustment Minutes

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Board of Adjustment February 23,2006 #V06-00 1 Page 2 of3 Analvsis: Based on the City's Zoning Ordinance, minimum yard setbacks for BI property are: front - 50', rear - 40', and sides - 30'. The intended development of an engineering office/shop would not meet all required setbacks. The owner is asking for a variance on these setbacks citing shape, topography, and physical situation unique to the property. This variance is being requested under the terms of Section 1 06-192(b )(2) of the City's Code of Ordinances. The Code of Ordinances defmes a variance as: 'a deviation from the literal provisions of this chapter which is granted by the board when strict conformity to this 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 of this chapter when the board finds that all of the following conditions have been met. a) That the granting of the variance will not be contrary to the public interest; b) That literal enforcement of this 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 c) That by granting the variance, the spirit of this chapter will be observed.' The Board must decide if the applicant's request for reducing the building setbacks to front- 40', rear- 20', and sides- 20' is justified based on the exceptional narrowness (122' property depth) or shallowness of the subject tract fronting Sens Road and whether granting this variance will be contrary to public interest.