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

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Zoning Board of Adjustment June 28, 2007 #V 07-004 Page 3 of4 In accordance with Section 106-1 92(b)(2)(b), the applicant is asking the ZBOA to grant relief to the "unnecessary hardship" resulting from the shallowness, creek and conservation area unique to this property. Analysis: Section 1 06-192(b)(1), in the Code of Ordinances, defines a variance as a deviation from the literal provisions of the chapter, which is granted by the Board when strict conformity to the 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 when the Board finds that all of the following conditions have been met. .:. That the granting of the variance will not be contrary to the best public interest. .:. That literal enforcement of the 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, fmancial 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 general public, Staff recognizes that the development of the property should not create a problem with adjoining properties, e.g. Seabreeze Park and parking lot, block view of the bay, and the Electrical Company's clearance. When looking at the second condition, Staff recognizes that the property may meet the physical hardship test. Literal enforcement of current regulations would render the site "unbuildable." As previously noted in this report, relief from the standard front yard setback was granted separately (under a special exception request); therefore, only the side yard issue is discussed in this report. If approved, this variance will allow a detached garage in the side yard setback when adjacent to a public right-of-way. As shown on the attached site plan, an angling creek located at the rear of the property, determines the location of the designated conservation area. That location in turn determines where the standard 20' conservation setback area is located on the property.