11-11-1993 Public Hearing and Regular Meeting ZBOA

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Page 3 of 6 Board of Adjustment Staff Report of 12-9-93 # A93-003 · 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 Comprehensive Plan of the City of La Porte. Although the applicants cite a number of issues in their appeal, the only items actually pertinent to the appeal are those which question whether or not the Zoning Ordinance is unreasonable or whether or not the Building Official's decision was unreasonable. Factors such as other homes in the neighborhood, type of foundation system to be installed, and landscaping plans are not to be used as a basis for the Board's ruling. The first issue to be considered is whether or not the Building Official's decision was unreasonable. As noted in the background section of this report, the applicant's property is located in a R-l, Low Density Residential Zone. The Texas Department of licensing and Regulation has, based on the home's serial number, determined it to be a H.U.D. Code manufactured home. Zoning Ordinance Section 5-600 prohibits placement of manufactured homes in R-l zones. The Building Official's decision tracks ordinance guidelines exactly and is, therefore, reasonable and proper. This leaves the question as to whether the Zoning Ordinance is reasonable. The next segment of this report will discuss state law, specifically the Texas Manufactured Housing Act. It is important to note that the Board is not empowered to take any action or make any interpretations regarding state law. Language used in the Zoning Ordinance was written to reflect and respect state law. The Manufactured Housing Act will be discussed only as it applies to City zoning regulations. The Texas Manufactured Housing Standards Act (enacted 1984) defines a H.U.D. Code Manufactured Home as "a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more body sections...and designed to be used as a dwelling..." The Act defines a Modular Home as "a dwelling that is constructed in one or more modules at a location other than the homesite...and which is designed to be used as a permanent residence when the modular components are transported to the homesite and are joined together..."