06-25-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment minutes

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Zoning Board of Adjustment August 27,2009 #V09-004 Page 2 of2 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 stair case may create aesthetic and visual problems with adjoining properties. A survey of surrounding properties shows that this non-compliance with the ordinance is not typical to the neighborhood. The stair system 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 this neighborhood and other 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 #V09-004 to allow stair case, which is encroaching 6'9" into the front yard setback, 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 stair case to remain in place (variance granted). . Require the applicant to redesign & reconstruct stairs (variance denied). Appeals: 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.C.A., 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.