11-29-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment February 28, 2008 #V 08-001 Page 2 Analvsis: 2. Angle parking/driving aisle will require some modification to the existing two drives, one along S. Broadway and one along Bay Oaks Drive. These changes will allow for the safe flow of traffic to the store, gas dispensers, and entrance/exit from the limited parking lot. Changes/modifications of drives will reduce a degree of non-conformity. 3. Addition oflandscaping will eliminate yet another non-conformity. 4. Applicant's suggestion to reduce existing 8' walk along front of a store to 4', which will add additional 4' to the driving aisle thus increasing a level of safety. 5. Accessible sized parking space shall be changed to same angle parking as store front spaces will allow easier parking/exit by customers utilizing this space. 6. Submit a variance to the Board of Adjustment seeking relief from the above mentioned non-conformities. Section 106-192 B( 1), in the Code of Ordinances, defines a variance as 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, financial 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 The Board is charged with deciding whether all of the above conditions have been met.