2017-07-24 Regular Meeting of the La Porte City Council Minutes

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7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding the recommendation of the Planning and Zoning Commission to amend regulations related to the placement of carports on residential property; consider approval or other action regarding an Ordinance amending Chapter 106, "Zoning" of the Code of Ordinances of the City of La Porte by amending regulations related to the placement of carports on residential property— I. Clowes The public hearing opened at 6:36 p.m. City Planner Ian Clowes presented a summary regarding amendments to Chapter 106 related to the placement of carports on residential property. Councilmember Earp commented he is not comfortable with the language written in the ordinance nor the affects it will have on the entire City. Councilmember Engelken asked how the ordinance conflicts with the multiple deed restrictions in the City. City Planner Ian Clowes responded the City regulates Chapter 106 and not deed restrictions. City Attorney Clarks Askins added the City cannot enforce deed restrictions. Councilmember Engelken commented after passage of the proposed ordinance, a citizen can obtain a permit to build a carport and be in violation of an active Homeowners Association rules when another citizen applying for a permit may not be in violation because that citizen may be residing in a neighborhood with an inactive Homeowners Association. Mayor Rigby asked if there are any homes in the Glen Meadows subdivision that can build carports consistent with the proposed ordinance. City Manager Corby Alexander responded there are a few homes with detached garages to the back of the home that can build carports. Phillip Hoot, 927 Seabreeze, spoke and commented he does not live in Glen Meadows; and everyone in the City should not be restricted to accommodate the Glen Meadows subdivision. Chuck Rosa, 812 S. Virginia St., spoke and commented the proposed ordinance takes away property rights and expressed his opposition. The public hearing closed at 6:58 p.m. Councilmember Engelken made a motion to deny the recommendation of the Planning and Zoning Commission to approve an Ordinance amending regulations related to the placement of carports on residential property. Councilmember Leonard seconded the motion. MOTION PASSED 7/1. Ayes: Councilmembers Earp, J. Martin, K. Martin, Leonard, Engelken, Ojeda and Zemanek Nays: Mayor Rigby Absent: Councilmember Kaminski 8. AUTHORIZATIONS (a) Consider approval or other action regarding an Ordinance vacating, abandoning and closing the south one-half S. Holmes St., right-of-way in Blocks 27 & 28, Town of La Porte — I. Clowes City Planner Ian Clowes presented a summary regarding an Ordinance vacating, abandoning and closing the south one-half S. Holmes St., right-of-way. Councilmember J. Martin made a motion to authorize the sale of a 30' portion of S. Holmes right-of-way to the applicant for subject right-of-way. MOTION FAILED DUE TO LACK OF A SECOND TO THE MOTION. Page 3 of 4 July 24, 2017, Council Meeting Minutes