12-05-1996 Public Hearing and Special Called Meeting

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Page 2 of 4 Zomag Hoard of Adjustment January 9, 1996 Appeal Request A97.001 Analysis: • Zoning Ordinance Section 11-604 establishes the conditions under which the Boazd may grant an appeal. The guidelines aze as follows: • That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interpretation of the enforcement officer is a reasonable presumption and the zoning ordinance is unreasonable. • That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similazly situated. • The decision of the Boazd must be in the best interest of the community and consistent with the spirit and interest of the City's zoning laws and the Comprehensive Plan of the City of La Porte. Conclusion• The existing "small engine repair" business is identified as Standazd Industrial Classification Code (SIC) #7699 while the proposed :"beauty shop" is identified as SIC #7231. The current use of the property is anon-conforming use, that currently would be only allowed under our Zoning Ordinance in the General Commercial Zone Classification. The use you propose i.e., a "beauty shop" is a use that is permitted in the Neighborhood Commercial Zone in our Zoning Ordinance, which is more restrictive than the General Commercial Zone. Thus, the use proposed for the property is more restrictive and less obtrusive on surrounding properties that the use which is currently existing on the property, albeit in non-conforming status. Section 4-200 of the' Zoning Ordinance of the City of La Porte, which provides".... that non- conformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible....". In addition, Section 4-200 requires the elimination or amelioration of non-conforming uses so as to protect .the chazacter of surrounding properties. It is clear to Staff that the beauty shop that is proposed is more in character with the surrounding neighborhood, and has less of an adverse impact on surrounding properties, than the small engine repair shop that currently exists in the structure.