06-26-1986 Regular Meeting ZBOA - Laserfiche WebLink

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CITY OF LA PORTE INTER-OFFICE MEMORANDUM TO: P & Z Board of Adjustments DATE: 6/20/86 FROM: David A. Paulissen, Zoning Administrator/Building Official SUBJECT: Jerry Shults' Requested Variance to Sect. 11-105 of City Zoning Ord. #780 3300 Blk. of Bayer Street Blk. 5; Lots 73,74; Spencer Highway Estates This piece of property is located in the Spenwick area. There are presently four (4) mobile homes located on these lots. None of the four (4) homes are in habitable condition and none have been occupied since late 1983 or early 1984. Mr. Shults has stated his intentions are to repair the mobile homes presently located on this site and use them for rental property. He has also requested a variance to Section 11-105 of Ord. #780. This section deals with the discontinuance of non-conforming uses. It reads as follows: "If a nonconforming use of any structure or premises is discontinued for a period of one (1) year, the use of the same shall thereafter conform to the requirements of the district in which it is located. The Board of Adjustments shall have the power to grant an extension not to exceed six (6) calendar months when warranted by, evidence presented." This request is presumably so Mr. Shults can operate this property as a mobile home park. This would allow him to replace the existing homes on this site with different ones. As to Mr. Shults' stated request to repair the existing homes, there is no Ordinance conflict and he is free to proceed with repairs subject only to normal building permit requirements. In regards to his variance request, both the twelve (12) month period of discontinuance and the six (6) month extension period have expired. For this reason Staff feels NO variance should be granted in this matter. Mr. Shults is however, free to request a formal re-zoning of this property to "Industrial" which, if granted, would allow him to apply for a special use permit for a mobile home park. MSL/dsw xc: John Armstrong, City Attorney