08-27-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment October 21, 2009 #V09-005 & 006 Page 2 of3 Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. .:. That the granting of the variance will not be contrary to the best public interest. .:. 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 survey of surrounding properties shows that this non-compliance with the ordinance is not typical in the subdivision. In viewing the specific grounds for granting a variance, Staff points out that the conditions, as specified herein, is the" . . . result of the applicant or property owner's own actions..." contrary to the provisions of Section 106-192. Staff finds some 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 property within subdivisions throughout the City and very typical of the spirit of the City's Code of Ordinances. The Board's fmal consideration is whether granting of these requests, observe 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 all properties, by allowing only 40% coverage, would present an open appearance and promote the health, safety and welfare of the general public. Conclusion: Variance Requests #V09-005 & 006, seek a waiver of 3' setback from the utility easement in the rear yard and greater than 40% coverage of a standard lot respectively are contrary to the provisions established by the Zoning (Chapter 106), Section 106-333, Code of Ordinances. Furthermore, the parameters for the requested variance do not, in our opinion, appear to meet the provisions established by Section 1 06-192. Variances. While recognizing the circumstances associated with the property, the Board could consider: