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<br />:. ~ <br /> <br />. <br /> <br />. <br /> <br />0;; <br /> <br />Board of Adjustment <br />, June 1, 2000 <br />#A 00-002 <br />Page 2 of3 <br /> <br />The recommendations from P&Z were considered by City Council on March <br />27, 2000. At that meeting, Council appro~d Ordinance #lSOl-ll, which <br />incorporated the P&Z recommendations.. This ordinance further restricted ' <br />the use pf shipping containers in La Porte. . One ~hange restricted the outside <br />storage of shipping cc;mtainel'$ to Heavy Industrial (ID) zones. Another <br />change allows the use of shipping containers as a "temporary material <br />storage facility at construction sites" in all zones except R-l, R-2 and R-3. <br /> <br />The1recent changes did not provide staff ~ avenue to approve the request of <br />this property owner. . In fact, the recommendations and subsequent passage <br />of these regulation changes,sent a clear message of the desires of both P&Z <br />and City Council as they relate to the use of shipping 'containers within La <br />Porte. <br /> <br />Analvsis: <br /> <br />In describing the action of appeal, the Code. of Ordinances states: In <br />exercising the powers set forth in Section 106-88, the Board of Adjustment <br />may, in, conformity with the provisio.,.s of this c~pter, reverse or affirm, <br />wholly ~r Partly, or may modify the order, requirement, decision, or. <br />determination as ought to be made, and to that end shall have all the PO\Vel"S <br />of the enforcement officer from whom the appeal is taken. The Board must <br />find the following in order to grant an appeal. ' , . <br /> <br />a) That there is a reasonable difference of interpretation as to the specific <br />intent of the zoning regulations or zoning map, provided the <br />interpretation of the enforcement officer is a reasonable presumption and <br />the zoning ordinance is unreasonable. <br /> <br />There is no question of interpretation as to the specific intent of th~ <br />zoning regulfitions. Recent changes have made regulations more <br />restrictive as they relate. to the placement and use of shipping <br />containers within La Porte. <br /> <br />b) That the resulting interpretation will not grant ,a special privilege to one <br />property inConsistent with other properties or uses similarly situated. <br /> <br />AlloWing this container to remain on this residentially zoned property <br />would grant a special privilege to this property owner. The container <br />, was brought onto the property without approval being granted and in <br />Violation of Section 106-741 (h) and Section 106-751. <br />