09-23-1993 Public Hearing and Regular Meeting ZBOA

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Zoning Board of Adjustment Staff Report for lO/12J/93 A93-OO2/Morvant Page 4 of 5 The fact that there are two separate sections addressing this issue makes clear the intent of the Planning and Zoning Commission and City Council that the Zoning Ordinance be used as a tool to keep this type of vehicle out of residential zones and residential neighborhoods. The Inspector's determination regarding this matter is correct. There is no misinterpretation of Zoning Ordinance intent. As to the question of whether the Zoning Ordinance is unreasonable regarding this issue, staff would simply note that residential streets are not designed to accommodate truck and trailer traffic. The paved width of Oakhurst Street, the only road into Mr. Morvant's subdivision, is approximately 20 feet. The paved width of other streets in the subdivision is narrower. The second issue to be considered is that of special privilege. Due to the presence of the Port of Houston, Barbour's Cut facility, and the numerous petrochemical plants in the La Porte area, there is a high volume of truck traffic through the City. The City's Inspection Division and Police Department have consistently worked to enforce both the Zoning Ordinance and other trucking related ordinances. In the past, this has involved requiring businesses to relocate from locations not zoned for truck terminals. It has also included requiring individuals to remove trucks from residential zones. Granting this appeal would apply a standard to the applicant that is different than has been used to deal with similar situations in the past. Granting the appeal would, in effect, grant a special privilege to the applicant. The final issue to be considered is the best public interest and the interest of the City's zoning laws and Comprehensive Plan. Based on the considerations discussed above, in staffs opinion, granting this appeal would not be in the best public interest. Nor would it be consistent with the spirit or interest of the City's Zoning Ordinance or Comprehensive Plan. Conclusion: · The determination of the Enforcement Officer did not misinterpret the Zoning Ordinance regulations that pertain to this matter. · Zoning Ordinance regulations are not unreasonable. · Granting this appeal would convey a special privilege to the applicant.