04-18-1996 Public Hearing and Regular Meeting

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• Page 2 of 3 Zoning Board of Adjustment Minutes of April 18, 1996 • Granting this appeal would be contrary to the best interest of the community. . • Granting this appeal would be clearly contrary to the spirit and intent of the Zoning Ordinance and Comprehensive Plan. • Due.to the availability and necessity of the Fourth Street right-of-way for driveway access, denying ~ this appeal will not restrict or prevent the use and development of this property for the type of business being proposed. Staff s recommendation to the Board was to deny the appeal. Vice Chairman Grant questioned staff's logic that allowing two drives ~ on Fairmont Parkway would create a traffic conflict. Mr. Grant contended that two drives would alleviate anticipated traffic conflicts. After considerable discussion, the Board heard from the applicant. A. PROPONENTS Vice Chairman Grant swore in the applicant, Rudy Hikary. Mr. Hikary told the Board he was expecting ~ approximately 600-800 customers per day and needed to make sure cars would be able to come and go from his store without delay. He did not believe he would be granted a special privilege, since McDonald's has a similar drive setup that seems to be working well. He noted that the property adjacent to his has no drives on Fairmont Parkway and questioned why the City could not include that footage when calculating spacing for his drives. B. OPPONENTS There were none. A motion was made by Bob Capen to deny Appeal of the Enforcement Officer's Decision #A96-002. The motion was seconded by Jim Zoller. The motion passed with Bob Capen, Jim Zoller, and Willie Walker voting to deny the appeal and Ruben Salinas voting in favor of the appeal. IV. CONSIDER SPECIAL EXCEPTION REQUEST #SE96-001, WffiCH HAS BEEN REQUESTED FOR THE PROPERTY LOCATED AT 116 NORTH 16TH STREET. APPLICANT IS SEEKING AN EXCEPTION TO THE SIDE AND REAR YARD SETBACK REQUIREMENTS IlVIPOSED~ BY THE CITY OF LA PORTE'S ZONING ORDINANCE. Mr. Rankin presented staff's report for Special Exception Request #SE96-001. Mr. Rankin noted that the special exception was requested by Pfeiffer & Son, Inc. , for the property located at 116 N. 16th Street. He informed the Board that the applicant proposed construction of a shop/warehouse with a front setback of 10 feet