Agenda - Planning Commission - 03/03/2005

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Page 6 --- February 10, 2005 Variance -- County claims zoning board abused discretion Homeowner allowed to build carport in setback Citation: In re Pierre, Court of Appeal of Louisiana, 5th Circuit, No. 04-CA- 635 (2004) LOUISIANA (12/14/04) -- Love sought a variance from the zoning appeals board. He wanted to construct a carport in the required front-yard setback on his property, creating insufficient front-yard space. Love sought approval to leave a front-yard depth of approximately five feet. However, under the Jefferson Parish zoning ordinance, a front yard had to have a depth of not less than 20 feet. In his application, Love claimed he had a propert, y hardship because his lot was oddly-shaped and set deep inside a corner. The board approved the appli- cation. The Parish Department of Inspection and Code Enforcement sued, and the court ruled in favor of Love. The parish appealed, arguing the variance was an abuse of discretion. DECISION:~ed- There was no proof the board's actions were an abuse of discretion. The record contained a copy of the board's judgment granting the variance. The judgment noted there was no opposition to Love's request. However, there was no transcript of the proceedings before the board in the record. Although the parish alleged Love did not demonstrate to the board he was entitled to a variance under the terms of the zoning ordinance, the record did not establish this fact or show the board did not consider the requirements necessary' to obtain a variance. The court' determined that the parish had the burden to prove the actions of the board were arbitrary, capricious, or an abuse of discretion. Considering the paltry record, the parish failed to do so. see also: Cerminaro v. Jefferson Parish Zoning Appeals Board, 838 $o. 2d 193 (2003). see also: Guarisco v. Jefferson Parish Zoning Appeals Board, 877 So. 2d 1094 (2004), Zoning Code-~- State has exemption for property size covered by county regulation: Landowner claims county regulation is illegal Citation: Boone v. Board of County Commissioners, Court of APPeals of Colorado, Div. 5, No. 03CA]850 (2004) COLORADO (12/16/04) -- Boone owned a 143-acre tract of land. He divided the land into four separate parcels, which were all more than 35 acres. Under county regulations, lots ~eater than .60 acres were zoned "Agricul- 104 © 2005 QuJnlen Publishing Group. Any reproduction is proi]ibited. For more information please call (617) 542-0048.