12-09-1993 Public Hearing and Regular Meeting ZBOA

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Page 3 of 5 Zoning Board of Adjustment Minutes of December 9, 1993 that Zoning Ordinance Section 5-600 prohibits manufactured homes in R-l zones, therefore the Building Official's decision would not appear to be unreasonable. Mr. Lewis discussed state law as it pertains to this appeal. He reminded the Board that they do not have the authority to take any action or make any interpretations regarding state law. The Zoning Ordinance was written as to reflect and respect state law. Manufactured housing is regulated by the Texas Manufactured Housing Act, which states that the installation of H.D.D. Code manufactured homes shall be permitted as residential dwellings in those areas determined appropriate by the City. The City of La Porte's Planning and Zoning Commission and City Council have determined the areas deemed appropriate for manufactured housing. The location in question is not one of those areas. The Zoning Ordinance should not be considered unreasonable as it respects and follows the provisions of state law. Mr. Lewis noted that per the Texas Department of licensing and Regulation, modular homes are still available in Texas. Since a modular home could be placed on the property, staff feels that the Zoning Ordinance regulations are reasonable. In regard to the Zoning Ordinance condition which disallows granting special privileges to one property inconsistent with other properties or uses similarly situated, it is staffs opinion that granting this appeal would grant a special privilege since it would be contrary to other Board decisions regarding similar matters. In addition, Mr. Lewis stated that the spirit and intent of the Zoning Ordinance and the City's Comprehensive Plan must be protected. Based on the R-l zoning that was assigned to the Spenwick Subdivision, it was the City's long term goal for this area to be restored as a neighborhood of conventionally built single family homes. Allowing nonconforming structures would be contrary to the spirit and intent of the Comprehensive Plan and Zoning Ordinance. Based on all these findings, staff recommended that Appeal of the EnforcementCOfficer's Decision # A93-003 be denied. A. PROPONENTS Chairman Bemay swore in John Steagall. Mr. Steagall said he feels the Zoning Ordinance is too harsh as it relates to the property owners of this subdivision.