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 3 Conclusion: Appeals: While the fuel canopy increases encroachment, the other benefits are as follows: . Landscaping . Parking/maneuvering . Dumpster However, staff does not see a suggested modification or changes to the existing drive as 18' wide at property line and 38' at road surface. The revised site plan shows 25' wide drive at property line along Broadway. Landscaping is inadequate and the applicant needs to add landscaping along Bay Oaks Drive. The location of a dumpster is not shown on the site plan. Dumpster shall be screened from public view and right-of-way. Drainage issues can be resolved by designing shallow storm water detention into the parking lots to mitigate adverse affects. Parking lot needs to be resurfaced. Variance Request #V08-00 1, which seeks variance for allowing an oversized fuel canopy and improving parking/maneuvering, and driveways situation, are in conformance with the City of La Porte Code of Ordinances. In addition to the likelihood of an adverse impact of the overall project, the parameters for the requested variance, in staff's opinion, appear to meet the provisions established by Section 106-192 Variances and Special Exception (106-191). While recognizing the circumstances associated with the property, the Board could consider: . Allowing the requested oversized canopy and accepting the other parameters for reducing non-conformities at site (variance granted). . Directing the owner to modify the site plan to comply with the current ordinances (variance denied). 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 CA., 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.