12-06-1978 Joint Public Hearing - Laserfiche WebLink

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:. • r i GAIL J. HAMILTON, J. D. ASSOCIATE Planning and Zoning Pat Muston, Chairman City of La Porte La Porte,'~exas 77571 KNOX W. ASKINS, J. D. ATTORNEY AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA FORTE, TEXAS 77571 December 5, 1978 Commission Re: St. Mary's Church proposed portable building Dear Mrs. Muston: TELEPHONE 713 471-1886 The application of St. Mary's Church to erect a prefabricated building at 816 Park Aveune, to be used for charitable dis- tribution of goods runs afoul of two provisions of the City's Zoning Ordinance 780, those being the nature and placement of the building and the use thereof. The building is to be a prefabricated accessory building, in which no one will live. The placement of such as proposed by the Church would be in violation of Section 13-201(8) of the Zoning Ordinance, in that it would not be located 75 feet from the front property line. This problem may be cured by a special exception under Section 16-201(1), concerning modification of the required yard area and spacing. The intended use, charitable distrubution of goods, is a use which is not specifically allowed in R-1 districts. Section 13-201(3), speaking of Churches and their uses, does not specifically list such as a valid Church function and it is not listed as a use which is exclusive to types of districts other than R-1. Section 16-201(6) provides for the determination of classifications not specifically named in the Ordinance. In this case, such determination should include a finding that the proposed use is in keeping with the uses specifically named in the regulations for the R-1 district. If it is the policy of the City that such a use should be allowed, a holding that charitable distribution of goods, where such is clearly ancillary to the main function of the Church property, is in keeping with the uses of Church property specifically named in the R-1 regulations, would be appropriate in order to allow this use.