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11 <br />ASKINS & ARMSTRONG, P. C. <br />ATTORNEYS AT LAW <br />702 W. FAIRMONT PARKWAY <br />P.O. BOX 1218 <br />LA PORTE, TEXAS 77572-12113 <br />KNOX W. ASKINS <br />JOHN D. ARMSTRONG <br />CLARK T. ASKINS <br />July 8, 2004 <br />Mr. Nick Finan <br />Acting Planning Director <br />City of La Porte <br />City Hall <br />La Porte, Texas <br />Re: Main Street District <br />Dear Nick: <br />RECEIVED <br />JUL 0 0 2004 <br />PLANNING DEPT. <br />TELEPHONE 281 471-1886 <br />TELECOPIER 281 471-2047 <br />KWASKINS®AOL.COM <br />JONN-AGSWEELL.NET <br />CTASKINS®SWEELL.NET <br />The City of La Porte Planning Department is working on the creation <br />of a new Main Street District, to cover historic Main Street and <br />adjoining properties. <br />You have requested an opinion on the question of whether the new <br />section of the Zoning Ordinance for the Main Street District, could <br />lawfully contain definitions of non -conforming, pre-existing uses, <br />and definitions for the requirements for re -building existing <br />structures in the Main Street District, with different parameters <br />than those contained in the existing Zoning Ordinance. <br />Generally, under doctrines of equal protection in the law, <br />legislation should treat similar situations in a like manner. <br />However, in this case, since many of -:the structures on La Porte's <br />Main Street are historical in nature, and pre -date the City's <br />earliest Zoning Ordinance in 1958, there are many buildings which <br />are non -conforming, pre-existing uses. As a practical matter, many <br />of these buildings could not be re -built in conformity to the <br />present Zoning Ordinance provisions, due to non -conformity with <br />front and side lot lines, parking, and other requirements. <br />In the event the Planning Department wishes to recommend to the <br />Planning and Zoning Commission, and City Council, a Main Street <br />District, with different definitions for non -conforming uses, and <br />the re -building of non -conforming buildings, I would suggest that <br />the language of the Ordinance contain findings of fact as to the <br />existing structures within the District, and the difficulty, or, in <br />some cases, impossibility, of re -building these structures to <br />conform with the more modern Zoning Ordinance requirements. <br />In my opinion, a rational basis for different parameters for the <br />Main Street District could be established in findings of fact <br />contained in the Ordinance, in an effort to preserve the historical <br />character of La Porte Main Street. <br />