09-02-1993 Public Hearing and Regular Meeting ZBOA

Browse Search

Page 5 of 7 Zoning Board of Adjustment Staff Report of 9/23/93 # A93-001 . That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interpretation of the enforcement officer is a reasonable presumption and the zoning ordinance is unreasonable. . That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. . The decision of the Board must 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. Regarding the specific intent of the zoning regulations, Ordinance Section 4-200 requires that except as necessary to preserve established property rights, specific nonconforming structures, lots or uses, the "Board [ of Adjustment] is directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing wherever and whenever possible. The applicant's property has, since annexation, enjoyed the full protection of the nonconforming use sections of the Zoning Ordinance. Now, however, with the removal of the mobile home, normal R~ 1, Low Density Residential restrictions must be applied to the property. It should be noted that the property in question complies with zoning requirements for single family homesites. There is nothing in the ordinance to prevent a conventional single family home from being developed on the property. Based on these considerations it cannot be construed that the Zoning Ordinance is unreasonable. Regarding the issue of special privilege; the City of La Porte has been very consistent in dealing with the issue of nonconforming mobile homes. The City has strictly observed ordinance requirements which protect the established