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 4 of 4 The ZBOA's fmal consideration is whether granting this request observes the spirit of the ordinance. Based on the facts noted in this report, the applicant's request could be considered reasonable if within the spirit of the ordinance. Staff suggests any approval be subject to review/ approval by staff for: · Permit by the Army Corp of Engineers for development in vicinity of Section 10 (Waters), should the development enter land under their jurisdiction. . Provide a written authorization from the Electric Co. Conclusion: In January 2007, the Zoning Board of Adjustment reviewed the plot plan and awarded Special Exception #SE06-007 for a reduced front yard setback. As part of that process, the Board noted the proposed garage without further comment. As a point of law, however, the Board must also grant a variance in this case to allow a garage to be built in a side yard setback when adjacent to a public right-of-way. While recognizing the circumstances associated with the property, the Board could consider: · Allowing a detached garage to be located in the side yard abutting public street right-of-way, prohibited by ordinance, to accommodate intended plan (variance granted). · Deny the variance for the detached garage to be located within the side yard. Appeals: 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.