11-06-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment December 04, 2008 #V08-007 Page 2 of3 .:. 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. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the development of the property may create a problem with adjoining properties. A visual and aerial survey of surrounding properties shows that this non-compliance with the ordinance is not typical to the neighborhood. The patio/slab located in the utility easement stands in violation of the City ordinance. In viewing the specific grounds for granting a variance, Staff points out that the condition, as it exists, was the".. . result of the applicant or property owner's own actions.. ." contrary to the provisions of Section 1 06-192. Because of the existence of the easement, we do not find, however, ". . . unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." The ZBOA's final consideration is whether granting this request observes the spirit of the ordinance. Based on the facts noted in this report, the applicant's request would be contrary with the spirit of the ordinance in that the rear yard is impacted by the utility easement. Conclusion: Variance Request #V08-007, which seeks a variance for allowing a patio/slab to encroach 6' 3" of a 16' utility easement in the rear yard is contrary to Section 106-771 of the City's Code of Ordinances. In addition to adverse impact of encroachment into a utility easement in the rear yard, the parameters for the requested variance do not, in staff s opinion, appear to meet the provisions established by Section 106-192 Variances. While recognizing the circumstances associated with the property, the Board could consider: · Allowing the construction of a patio/slab to encroach 6' 3" into the 16' utility easement in the rear yard (variance granted). · Directing the owner to either remove or reduce a patio/slab frame from encroaching upon the utility easement to comply with the ordinance (variance denied).