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

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ZONING ~ 106-194 Sec. 106-192. Variance. (a) Application for variances. All applications for a variance from the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds thereof. Each such application shall be filed with the enforcement officer who after investiga- tion shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Findings of fact I definition of hardship. (1) The term "variance" shall mean a deviation from the literal provisions of this chapter which is granted by the board when strict conformity to this chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. (2) Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement of this chapter 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 this 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 this chapter will be observed. (3) The applicant shall have the burden of proving to the board that the foregoing conditions have been met. (c) Use variance prohibited. No variance shall be granted to permit a use in a zoning district in which that use is prohibited. (d) Hearings on applications for variances. The bo~d of adjustment shall fix a reasonable time for the hearing of all applications for variances, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time, as specified in section 106-194. Upon the hearing any party may appear in person or by agent or by attorney. Sec. 106-193. Additional conditions. . The board is empowered to impose upon any variance or special exception any condition reasonably necessary to protect the public interest and community welfare. Sec. 106-194. Notice of public hearings before the board of adjustment. The notice of public hearings provided for in this section shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearings, CD106:33 EX\1\B\1 f'\. V