09-23-1993 Public Hearing and Regular Meeting ZBOA

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Zoning Board of Adjustment Staff Report for lO/2B/93 A93-OO2jMorvant Page 2 of 5 Mr. Morvant has apparently registered the operable truck tractor as a pickup truck. Based on this registration, he contends that the Building Inspector is misinterpreting the Zoning Ordinance by considering the vehicle as a truck tractor. He is, therefore, appealing the Inspector's determination regarding this matter. Analysis: Zoning Ordinance Section 11-604.3 empowers the Board of Adjustment to consider appeals to an enforcing officer's determinations. Under the terms of this section, the Board is allowed to grant an appeal only when all three (3) of the following conditions have been satisfied: . 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. The first issue to be considered is whether or not a reasonable difference of interpretation exists regarding this issue. The applicant contends the truck tractors should be considered as pickup trucks and as such should be allowed to be parked and stored in residential zones. The Inspector's determination regarding this matter was based on the following ordinance provisions: Zoning Ordinance Section 3-100 includes the following definitions: · Truck Tractor: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.