10-25-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment November 29,2007 V07-007 Page 2 of3 Analvsis: The pool as desired would not comply with the Code of Ordinances with reduced setbacks from the primary structure and utility easement in the rear yard until a variance is granted. As per proposed layout, only a portion of the pool and deck fall into the required setback from the house and abuts the utility easement in the rear yard. As previously stated, side yard setback would be in compliance with the ordinance. The applicants are requesting a variance as follows. o Allow a portion of the pool and deck to be located off 4' from the house (a relief of 2 'setback). o Allow the pool to be located abutting a utility easement in the rear yard (a relief of 3' setback). 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 zoning ordinance 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. a) That the granting of the variance will not be contrary to the public interest; b) 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, 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 the chapter will be observed.