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<br />Page 2 of 8 <br />Board of Adjustment <br />Staff Report of 3-24-94 <br />#A93-004 <br /> <br />Paragraph 3 of Section 4-201 deals with damage to non-conforming structures. This <br />paragraph specifically states that if such a structure is "destroyed by fire or the elements, it <br />may not be reconstructed or rebuilt except to conform with provisions [of the Zoning <br />Ordinance]." <br /> <br />Zoning Ordinance Section 11-604 allows appeals to the Board of Adjustment to be filed by <br />"any person aggrieved or by any officer, department or board of the City of La Porte or <br />affected by any decision of the enforcement officer." Paragraph 3 of this section establishes <br />the following criteria on which the Board must base its decision. <br /> <br />· That there is a reasonable difference of interpretation as to the specific intent <br />of the zoning regulations or zoning map, provided the interpretation of the <br />enforcement officer is a reasonable presumption and the zoning ordinance is <br />unreasonable. <br /> <br />· That the resulting interpretation will not grant a special privilege to one <br />property inconsistent with other properties of uses similarly situated. <br /> <br />· The decision of the Board must be in the best interest of the community and <br />consistent with the spirit and intent of the City's zoning laws and the <br />Comprehensive Plan of the City of La Porte. <br /> <br />An appeal should be granted only when all of these conditions have been satisfied. Only <br />these conditions should be considered in deciding the appeal. <br /> <br />Analysis: <br /> <br />In the appeal application submitted on the applicant's behalf, Ms. Stevenson and her <br />attorney appear to agree with the City's determination that the H.V.D. Code manufactured <br />home located at 230 Dwire was, until its destruction by fire on July 25, 1993, a legally <br />established non-conforming structure. Based on this point of agreement, staff will not, in <br />this report, include the means and documentation by which the structure was determined <br />to be non-conforming. We will however, should the Board request it, be prepared to <br />present this information during the course of the February 27 hearing. <br /> <br />Mr. Keeney, in his application letter, raises a number of points on which he bases this <br />appeal. The first of these is a supposed conflict between Zoning Ordinance sections. The <br />sections referenced are as follows: <br />