05-12-1988 Public Hearing and Regular Meeting

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Sims' Appeal of Enforcement Officer's Decision Page 3 • • spirit and interest of the City's zoning laws and the Comprehensive Plan of the City of La Porte. In accordance with the requirements of the zoning ordinance, the City has stayed action on the notices of violation, pending the outcome of this hearing. Mr. Sims' appeal is based on the contention that setback requirements should not apply to carports due to the fact they are "open" structures without enclosing side walls. As of the date this report is being written, Mr. Sims has not submitted any information other than the attached application form. He has been informed of both the meeting date and agenda deadline date. Any additional information he may provide prior to the agenda deadline date will be attached to this report. Summarv: Section 3-100 of the zoning ordinance defines "Setback Line" as "the closest point to any property line or utility easement which may be occupied by a structure. Further, this section defines "structure" • as "that which is built or constructed". The zoning ordinance definitions of these terms clearly show that carports, as structures, are intended to be subject to the setback requirements of this ordinance. Therefore in staff's opinion, a "reasonable difference of interpretation as to the specific intent of the zoning regulations..." (Section 11-604.3.a) as they apply to carport setbacks does not exist. Further, as carports are regulated as structures subject to setback requirements throughout the City, granting this appeal would constitute a granting of "special privilege" as prohibited by Section 11-604.3.b. The third condition listed for granting an appeal is that it be "... in the best interest of the community and consistent with the spirit and interest of the City's zoning laws and the Comprehensive Plan of the City of La Porte" (Section 11-604.3.c). In staff's opinion, as there is not a reasonable difference in interpretation of the ordinance, and also that a granting of this appeal would constitute a granting of special privilege, it is not in the best interest of the community or the Comprehensive Plan that this request be granted. As a final consideration, it must be noted that regardless of the Board's decision in this matter, the four feet, six inches (4.5') of carport encroaching onto the West "E" Street right of way must be • removed. The City's prohibition of private structures encroaching onto right of way is not subject to appeal.