| Request for an advisory opinion from Paul J. Hogan, St. Charles Parish (pop. 52,812) Councilman relative to submitting an application for a building permit with the St. Charles Parish Planning and Zoning Department. |
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Paul J. Hogan, a Councilman for St. Charles Parish Government, applied for a building permit with the St. Charles Parish Planning and Zoning Department. The building permit was rejected because the structure would violate the 5 foot setback requirement. Mr. Hogan would like to request a variance to allow a 3 foot setback to accommodate his structure.
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La. R.S. 42:1113A prohibits a public servant from bidding on or entering into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(23) defines "Transaction involving the governmental entity" to mean any proceeding, application, submission
La. R.S. 42:1102(2)(a)(vi) defines "Agency for public servants of political subdivisions" to mean the agency in which the public servant serves, except for members of the governing authority, it shall mean the governmental entity.
La. R.S. 42:1123(34) allows for a member of the municipal or parish governing authority with a population of 25,000 or less to make application for a building permit provided that no variance shall be requested.
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Adopt the proposed advisory opinion draft.
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| Assigned Attorney: |
Greg Thibodeaux |
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