10-18-12 Regular, Public Hearing and Workshop Meeting of the Planning and Zoning Commission

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Staff Report Accessory Structures w/o Primary Use or Structure Background October 18, 2012 City Council directed staff to consider permitting accessory structures, i.e. storage, garage and barns etc., without the primary residential use/structure within the City of La Porte's Large Lot District. The intent is to suggest changes to the requirements and provisions for residential large lot districts as stated in the Zoning (Chapter 106) of the Code of Ordinances. At issue are accessory structure requirement for large lot residential to have garages, barns, and/or storages without a primary structure on the same establishment. Earlier, a property owner in the Lomax area sold a piece of property with a barn to an individual who does not want to build a house (primary structure) at this time. See exhibit attached. They would rather prefer to enjoy the property with a barn only and need electricity for this accessory structure. The City's Code of Ordinances prohibits accessory structures without a primary structure on the property. Existing Requirements: Definition: Accessory Structure: a detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located in the same lots as of the principal structure or use. Regulations: • Zoning Ord. 4620 (10/05/1960 adoption) addresses placement in relation to house & use of materials similar to the primary. • Zoning Ord. 4780 (02/05/68 amendment) addresses placement in relation to house & lot coverage. • Zoning Ord. 41501 (01/26/87 adoption) Table 106-331 identified toolhouse, sheds, storage buildings (non-commercial associated with residence) as an "accessory" use. • Chapter 106 of the City's Code of Ordinances, Table 106-331 still identifies toolhouses, sheds, storage buildings (non-commercial associated with residence) as an "accessory" use. • In addition, Table 106-331 also identifies domestic livestock — Large Lot as an "accessory use". Therefore, a primary house is required for accessory buildings/structures or animals on the property.