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e e ~. are to be removed or amended when the property to be replatted is located in a resident!ally zoned, and/or deed restricted area. Our zoning and development ordinances both contain language which indicates that in the event of a regulation, rule, restriction, or otherwise that is in conflict with the zoning and/or development ordinances of the City, the most restrictive of the regulation, rule, or restriction is to apply. As you know, the City of La Porte is not in the business of enforcing deed restrictions, as we have no statutory authority to do so. However, policy has been established in the past that we do not permit structures in violation of deed restrictions, if we know of them, and we do not allow for development to occur that is in violation of deed restrictions, if the deed restrictions are more stringent than our zoning and/or development requirements. Thus, the way I see it, three approvals need to take place prior to granting of Mr. Capen's request to build a drive way on the property restricted by the Special Warranty Deed granted by the City of La Porte on September 11, 1995: 1. The City Council of the City of La Porte must pass and approve in recordable form, an amendment to the Special Warranty Deed specifically allowing the removal of the restriction, and allowing the contemplated construction to take place. City Council may restrict the removal of the restriction only to permit a specified drive way construction design, and may further limit the removal of the restriction as Council sees fit. 2. The applicant should apply to the Shady River Civic Association for construction of the drive way and recombination of the lot or fractions of lots as countenanced in paragraph 2(f) of the Shady River Civic Association Deed Restrictions. 3. The applicant should file with the Planning Department of the City of La Porte an application for replat of the property to be constructed within the subdivision, as provided by Chapter 212 of the Texas Local Govt. Code. Chapter 212 of the Local Govt. Code provides for a public hearing, together with notice requirements to neighbors of the property within 200 feet. Likewise, a hearing in front of the Shady River Civic Association would also contain neighborhood notice and participation opportunities. As such, it would seem logical for both of these approvals to take place before the City Council amends or deletes the restriction in the Special Warranty Deed. However, that is simply a practical consideration, and is not a legal requirement. Please call or e-mail if you have additional questions, comments and/or concems. . Page 2