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

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• • container stacking and from maintaining a 30' side-yard setback for the southern perimeter. 11. On May 3, 2004, City Staff received a formal application for requested relief of the provisions of Sections 106-522(b) 7. and 106-522(a) of the City Code of Ordinances. 12. As a matter of public safety, Section 106-522(b) 7. of the Code of Ordinances limits the stacking of containers to 4-high. Section 106-522(a) establishes the minimum side-yard setback at 30'. 13. Refrigerated Container Sales Inc. stated that their space available at the yard, the design of the detention facilities, and the position of the truck access roads prevented the maintaining of a southern side-yard setback of 30' and the stacking of containers being limited to 4-high. 14. Refrigerated Container Sales, Inc. proposed that since the southern side- yard bordered another industrial activity, and since that activity endorsed the stacking of containers at their current setback of 10' as a noise buffer, that the setback remain at 10'. 15. Refrigerated Container Sales, Inc. proposed that the exterior container stacking (surrounding the perimeter of the yard) comply with the Ordinance while allowing the interior stacks to be 5-high thereby, in their argument, providing adequate buffer for public safety. 16. On May 27, 2004, the City of La Porte Zoning Board of Adjustment heard the issues and the requests for variances. Judging that adequate buffer was maintained, the ZBOA granted the variance for maintaining the 10' side-yard setback on the southern perimeter. Given that the stacking of 5- high is not consistent with the safety concerns of the Ordinance; the ZBOA denied the variance to allow the applicant to stack the interior containers 5-high and directed that the applicant comply with the Ordinance. PASSED AND APPROVED BY THE BOARD OF ADJUSTMENT, CITY OF LA PORTE, TEXAS, ~(~. e2~~ , 2004. ZONING BOARD OF ADJUSTMENT, CITY OF LA PORTE, TEXAS By: Sidney r t, airman APPRO~G~$~O FORM: J rong, Ass. tant C' tt ney