08-27-12 Regular Meeting of La Porte City Council

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REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: August27, 2012 ______N/A___________ Source of Funds: Tim Tietjens Requested By: Account Number:______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: _X__Resolution: __Ordinance: ___ Amount Requested: ____N/A__________ Budgeted Item: YES NO Exhibits: Area Map Proposed Zoning Ordinance Amendments SUMMARY At the request of Councilman Mosteit, staff is analyzing theaccessory structure requirement of the Zoning Ordinance to consider the possibility of allowing garages, livestock barns, storage, etc. without a primary structure on the same tractwithin the large lot residentialdistrict. The impetus for a potential revision resulted froma property owner in the Lomax area who, in 2011, subdivided and sold a portion ofproperty with a barn and kept the portion with the house. The buyer of the barn propertydoes not want to build a house (primary structure) at this timebut intends to use the property for personal use only. See exhibit attached. Thebuyerneeded power to be turned onfor this accessory structure. The City’s Code of Ordinances currently prohibits accessory structures without a primary structure on the property. After reviewing a number of codes from the nearby cities and analyzing research by the Planning Advisory Services (PAS) subsidiary of the American Planning Association, staff found that anumber of communities across the country do permit accessory structures without a principal structure in agricultural districts or in residential districts where agriculture is the primary use of the land. In this region, Pearland allows aspecific exemption for accessory structures on lots with no primary structure in their agricultural district and newly annexed or undeveloped lands. If Council wishes to consider such an option, staff suggests that it be allowed as conditional to ensure that accessory structures, barnsand/or livestockwithout a primary structure are indeed personal, non commercial uses onlywithin the large lot district. The Special Conditional Use Permit (SCUP) process will allow the proper consideration on a case-by-case basis. As suggested, the proposed regulations are not intended to prohibit or deter the use of property.In fact, the proposed changes would allow further flexibility for owners. At this time, staff is requesting Council direction. _____________________________________________________________________________________ Action Required by Council: Consider proposed regulations and provide staff with direction. _____________________________________________________________________________________ Approved for City Council Agenda _________________________________________________________ Corby D. Alexander,City ManagerDate