03-22-2001 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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• • EXHIBIT A Page 3 of 6 Parcel Description -The parcel in question is 4.5+ acres in size and on three sides it is bordered by street right-of-ways. The eastern property line runs along South 16s'; the western line adjoins acreage at the rear of the site; the northern line parallels West "D" Street; and the southern line meets the West "E" Street right-of--way. The current tank truck cleaning operation occurs in the shop/wash building located approximately 100' west of the South 16th Street right-of-way and on the south side of the property near West E Street. Although West "E" Street is developed, it is not developed for through traflic. ANALYSIS Since 1983, Highway Transport, Inc. has operated a terminal operation, including tank truck cleaning, from their origina12.5 + acre site along South 16a' Street. Their operation has continued to prosper through the years and several years ago they purchased the adjoining 2.5 ± acre located to the west or rear of the existing site. To keep up with the demands of their business and to improve the overall aesthetic value of their site, Highway Transport contacted city staff to discuss their expansion plans. It was at that time, the nonconforming use (tank truck cleaning) and nonconforming structures/conditions (i.e., fencing within the required 20' front yard setback, lack of on- site landscaping, use of non dust-free parking/drive areas) were identified. Once nonconforming issues were identified, staff reviewed applicable nonconforming regulations relating to the applicant's request. Section 106-263 of the City's Code of Ordinances is shown below and outlines the considerations associated with expansion and/or change to a nonconforming use. (a) Continuance of nonconforming uses subject to this chapter. Subject to the provisions of this chapter relating to extended useful life of nonconforming use, any nonconforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the nonconforming use on the effective date of this ordinance, provided that such land area of floor area shall not be increased, except that such limitation shall not apply for fanning uses. (b) Changing a nonconforming use. Any nonconforming use or structure may be changed to a use conforming to the regulation established in this chapter for the district in which the nonconforming use or structure is located, or the nonconforming use or structure may be changed to a use or structure more conforming to the zoning district in which the nonconforming use or structure is located. For. purposes of this section, the term "more conforming to the zoning district in which the nonconforming use or structure is located" shall mean a less intensive use, (per the Standard Industrial Classification Code). Whether or not a use is more conforming to the zoning district in which the nonconforming use or