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<br />Page 5 of 10 <br />Zoning Board of Adjustment <br />Minutes of March 24, 1994 <br /> <br />John Armstrong addressed Mr. Wells' comments. Mr. Armstrong stated that <br />State Law provides that a modular home or what is now called an <br />industrialized home under the Texas Manufactured Housing Act, must be <br />allowed to be located in any area that an R-1 home can be located in. Deed <br />Restrictions imposed by subdivisions can be utilized to exclude such <br />structures. Zoning Ordinances cannot be utilized to exclude such structures. <br />H.D.D. Code homes, either pre-1976 or post-1976 under the Texas <br />Manufactured Housing Act, are allowed to be regulated subject to the Texas <br />Manufactured Housing Act. The City's Zoning Ordinance is written and fully <br />complies with the Texas Manufactured Housing Act and that is why the <br />distinction between the two exists since it exists in State Law. <br /> <br />Mr. Armstrong further stated that issues of the Constitutionality of the City's <br />Zoning Ordinance are to be decided by courts with appropriate jurisdiction <br />over such matters. The Board of Adjustment's jurisdiction extends to the four <br />comers of the Zoning Ordinance of the City of La Porte. <br /> <br />Mr. Armstrong recalled when our Zoning Ordinance was being created that <br />the sentiment of most of those involved was to exclude all types of <br />manufactured housing, but State Law allowed modular homes, or what are <br />now called industrialized homes, to be located in R-1 areas. Our current <br />ordinance reflects this requirement. <br /> <br />B. OPPONENTS <br /> <br />Chairman Bemay swore in Hugh McCulley, owner of Lots 1 and 2 of section <br />14 on the bayfront in Bay Oaks Subdivision. Mr. McCulley said at the time <br />he bought his home, the Bay Oaks area was in the process of being annexed <br />by the City of La Porte. Mr. McCulley assisted with a part of this process and <br />was assured by representatives of the City of La Porte that if the Bay Oaks <br />Subdivision were annexed, one of the benefits would be the enforcement of <br />zoning laws. It was very important to him that the zoning regulations be <br />enforced since he had invested in a more expensive house on the bayfront. <br />Mr. McCulley said that Ms. Stevenson is only one individual who does not <br />want the zoning to apply to her specific lots. In comparison, Mr. McCulley <br />noted he wanted the zoning to apply to his lots and to all the other lots <br />around him as well. He added the City had spent alot of time, effort, and <br />