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 Y07-007 Page 3 of3 Conclusion: Appeals: The Board must decide if the applicant's request for constructing a swimming pool with reduced setbacks in the rear yard of the house is reasonable. The Board is charged with deciding whether all of the above stated conditions have been met. Staff s review of the property in question does indicate an "unnecessary hardship" relating to the property due to an extraordinary or exceptional physical situation unique to this specific piece of property. The grounds for relief stated by the applicant are as follows: ~ Unable to place the pool in any other location or not to encroach upon the 16' utility easement. ~ The pool is needed for physical therapy use as well. While the reasons for the variance relating to the size and shape of the pool do strictly conform to "unnecessary hardship relating to the property itself' the exclusive use physical therapy required by the applicant may be taken into consideration when rendering a decision. While recognizing the circumstances associated with the property, the Board may consider: · Allowing a proposed pool to be located off 4'in lieu of 6' setback from the house and zero setback in lieu of 3' from the utility easement in the rear yard, to accommodate intended design (variance granted). · Deny the variance for the pool to be located within the above setbacks. 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.