06-24-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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• • CITY OF LA PORTE, TEXAS V04-005 ZONING BOARD OF ADJUSTMENT MAY 27, 2004 FINDINGS OF FACT AND CONCLUSIONS OF LAW Upo~ nclusion of the public hearing of the above-referenced cause, held May 27, 2004, at 6:00 p.m. at La Porte City Hall, 604 West Fairmont Parkway, during which witnesses were called and testified, subsequent to being placed under oath, the Zoning Board of Adjustment of the City of La Porte, Texas meeting in duly called open session at La Porte City Hall, makes the following findings of fact and conclusions of law: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The applicant, Refrigerated Container Sales, Inc., was proposing to obtain a variance from the provisions of City Code of Ordinances Section 106- 522 (b) to be allowed to stack shipping containers 5-high; one (1) in excess allowed by the Ordinance. 2. The applicant, Refrigerated Container Sales, Inc., was proposing to obtain a variance from the provisions of City Code of Ordinances Section 106- 522 (a) to be allowed to maintain a 10' side-yard setback, twenty (20) feet less than required by the Ordinance. 3. Notices of the public hearing held before the Zoning Board of Adjustment of the City of La Porte, Texas ("the Board°) were properly mailed and published, according to law. 4. A letter was sent to Refrigerated Container Sales, Inc., on February 25, 2004, outlining details of enforcement for shipping container yards with instructions to bring yards into compliance. 5. On March 5, 2004, City Staff met with Mr. Mike Alecock to explain the terms and conditions of applicable ordinances governing shipping container yards and outlined steps of compliance. 6. On March 31, 2004, Staff was requested by Mr. Mike Alecock to conduct a site visit at two (2) container yards, 910 N. Highway 146 and 1802 N. Highway 146. 7. On April 7, 2004, inspections of the yards were conducted. The results of the inspections were communicated to Refrigerated Container Sales, Inc., by letter on April 7, 2004. 8. The yard at 910 N. Highway 146 had only minor issues and was brought into compliance on April 23, 2004. 9. The yard at 1802 N. Highway 146 revealed major concerns in regards to compliance and safety to wit: interior containers stacked 5-high rather than 4-high as required; south side-yard setback set at 10' rather than the required 30' and the inadequacy of the front yard landscaping screen. 10. On April 10, 2004, Refrigerated Container Sales, Inc. presented a packet to the City Staff for review. This packet contained a landscaping plan to bring the yard into compliance, a request for a variance from the 4-high