03-21-1991 Meeting of the Planning and Zoning Commission

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1991 ANNUAL REVIEW OF ZONING ORDINANCE '1501 DISCUSSION AND ANALYSIS I. Section 6-400. Table B: Residential (pgs 29-31): Footnotes #3 of Section 5-700 states: "The minimum setback adjacent to any utility easement shall be three feet (3')." The intent of this footnote is to maintain a minimum setback between primary structures and utility easements commonly located in rear- yards of La Porte's subdivisions. Many of the same subdivisions also have smaller, "single use" utility easements which are located in side yards. Prior to the adoption of Ordinance 1501, these easements were often used to provide required sideyard setbacks. A strict reading of footnote #3 would require a setback of three feet to be maintained from these easements. In January of 1990, Fairmont Park Joint Venture appealed this Ordinance interpretation. The Zoning Board of Adjustment granted the appeal. Staff has complied with the Board's decision in the review and approval of all subsequent building permit applications. The Commission is being asked to review this section and consider amending it as follows: (Changes are underlined). 3. The minimum setback adjacent to any utility easement located in a rear yard. shall be three feet (3'). No portion of any building including projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary. Should it be determined that the intent of the Ordinance is to require the additional setback adjacent to side-yard easements, footnote #3 can be left in its present form. II. Section 6-400. Table A. Commercial (pgs 37-40): Consideration of two General Commercial Use listings is being requested. The first of these listings is S.l.C. #0752. This listing, which includes boarding and breeding kennels, has been designated as a Conditional, General Commercial Use. This designation was made in conjunction with the adoption of City'S Kennel Ordinance (#1559). While the Conditional designation is appropriate for kennels and most of the other activities covered by this S.l.C. listing, one specific activity, "dog grooming" would seem to be an appropriate permitted General Commercial Use. A way to achieve this end would be by the creation of the following new listing: NC GC Dog Grooming without overnight Boarding * P