05-24-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment June 28, 2007 #SE 07-005 Page 2 of2 <, Analvsis: Conclusion: Appeals: of a non-compliant addition would cause unnecessary financial burden and material loss to the whole building. There is a ditch and street behind lots 5&6 and a drainage channel to the west side, making it a corner lot. 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. In the City's Code of Ordinances, Section 106-262 addresses nonconforming structures. In the case being considered, paragraph (g) would apply to the applicant's request because an enlargement of a nonconforming structure cannot occur unless the Board of Adjustment determines such enlargement will not result in an increase in the degree of nonconformity with the regulations and development standards of the district in which it is located. Should the Board grant Special Exception #SE07-005, staff suggests the following condition be made as part of its approval. .:. The applicant shall be required to obtain the required City building permit and inspection(s) at double the normal fee as allowed by the building code for non-permitted work. 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.C.A., Local Government Code Section 211.011, duly verified, setting forth 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.