03-22-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment May 24, 2007 #V07-003 Page 2 of3 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 applicant's request would be contrary to the public interest, Staff recognizes that the development of the property may create a problem with adjoining properties. A survey of surrounding properties shows that this non-compliance with the ordinance is not typical to the neighborhood. The fence was built without City permit and stands in violation of the City ordinance. In viewing the specific grounds for granting a variance, Staff points out that the condition, as it exists, was the ".. .result of the applicant or property owner's own actions..." contrary to the provisions of Section 1 06-192. However, staff fmds some grounds to justify "... unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." Currently, this lot does not represent a typical example of property within subdivisions throughout the City. The ZBOA's final consideration is whether granting of this request, observes the spirit of the ordinance. Based on the facts noted in this report, the applicant's request would be contrary with the spirit of the ordinance, would present an open appearance, warped condition and may promote the health, safety and welfare of the general public. Conclusion: Variance Request #V07-003 which seeks a variance for allowing an existing, non- permitted, fence of seven feet in height to remain in place is contrary to the provisions established by the code of ordinances. In addition, the parameters for the requested variance do not appear to meet the provisions established by Section 106-192. Variance. While recognizing the circumstances associated with the property, the Board could consider: · Allowing the existing fence, put in at the owner's expense, to remain in place (variance granted) with the stipulation that the City permit is obtained at double the normal fee as allowed by the building code for a non-permitted work. · Allowing the owner to reduce the height of the fence (variance denied), after obtaining the City permit at double the normal fee for a non-permitted work and the resulting fence, again, must meet the code.