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<br />CITY OF LA PORTE <br /> <br />INTER-OFFICE MEMORANDUM <br /> <br />TO: <br /> <br />P & Z Board of Adjustments <br /> <br />DATE: 6/20/86 <br /> <br />FROM: <br /> <br />David A. Paulissen, Zoning Administrator/Building Official <br /> <br />SUBJECT: <br /> <br />Mrs. Imogen B. Mac Neil's Request for Variance to Section <br />13-201(13) of City Zoning Ordinance #780 <br />Bayshore Block; Lots 7,8; Bayshore Park <br /> <br />This property comprises the Seabreeze Sailing Center and the residence <br />and property located to the north side of the sailing center. The fenced <br />pasture in question is located adjacent to the Bayshore Street right-of-way. <br /> <br />Section 13-201 regulates allowable uses of residentially zoned property. <br />Article 13 reads as follows: <br /> <br />(Allowable uses are) "Farms, truck gardens, orchards, and nurseries for <br />the growing of plants, shrubs, and trees provided no retail or wholesale <br />business sales office is maintained on the premises and provided further <br />that no poultry or livestock other than other household pets shall be <br />housed within one hundred (100) feet of any property lines." <br /> <br />Although the sailing center is a commercial use, the property it <br />occupies has never been commercially zoned. It is a legal pre-existing <br />non conforming use. As such it may be continued indefinitely (subject <br />to the restrictions of Section 11-105 of Ord. #780). However, property <br />uses not related to the sailing center are subject to residential <br />restrictions. <br /> <br />This property is large enough to house an animal over 100 feet from <br />any property line and as such there is no hardship, as defined by State <br />Law, involved. <br /> <br />Staff recommends against granting a variance in this matter. <br /> <br />MSL/dsw <br /> <br />xc: John Armstrong, City Attorney <br />