12-04-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment January 22, 2009 #V08-008 Page 2 of3 "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 fence height may create an aesthetic problem with adjoining properties. A survey of surrounding properties shows that this non-compliance with the ordinance is not typical to the neighborhood. The fence was built without City consultation and stands in violation of the ordinance. In reviewing 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. Staff does not find grounds to justify "... unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." This lot represents a typical example of standard lot size within subdivisions throughout the City. The Board'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. Conclusion: Variance Request #V08-008 to allow an existing fence of eight feet in height to remain in place is contrary to the provisions established by the Code of Ordinances. In addition, the parameters for the requested variance do not appear to meet the provisions established by Section 106-192. While recognizing the circumstances associated with the property, the Board could consider: · Allowing the existing fence to remain in place (variance granted). · Require the owner to reduce the height of the fence (variance denied).