11-10-16 (Cancelled) Special Meeting of the Zonining Board of Adjustment Meeting

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Board of Adjustment Meeting November 10, 2016 th 201 N. 18 St. Nonconforming Special Exception (4) To deviate from the minimum lot size or width requirements for property within the large lot district, where the board finds that all of the following conditions are shown: a. That one or more lots located in the same block as the subject property are not uniform in terms of shape and/or size so that any further subdivision of the subject property cannot be in accordance with the regulations governing the district; b. It can be demonstrated that the subdivision will not circumvent the spirit of the district regulations, or particularly, the rural character of the district; and, c. Granting the special exception will not be injurious to the value or enjoyment of adjacent properties within the district. (c) Hearings on applications for special exceptions. The board of adjustment shall fix a reasonable time for the hearing of all applications for special exceptions, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time as specified in section 106-194 (Notice of public hearings before the board of adjustments). Upon the hearing any party may appear in person or by agent or by attorney. Section 106-839 stipulates the amount of parking required for specific uses within the city. In this case the code requires the following parking: 4 parking spaces plus 1 per 400 square feet of office (or a total of 5 parking spaces in this case). Analysis: Section 106-191(b) indicates that a special exception request can only be approved if it will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. In this case, the addition of a warehouse to an existing industrial site does not pose a significant impact to the surrounding area. The applicant has stated that they currently are warehousing product off site. The addition of an onsite warehouse space could greatly reduce the number of truck loads in and out of the property, ultimately decreasing the overall truck traffic in the area. Staff concurs with the applicant that the proposed expansion on site will enable an existing business, currently thriving in the City of La Porte, to continue their operations on the site. The applicant has indicated that the warehouse expansion will not increase production at the site, but makes economical sense for the company at this time. Appeal Procedure: Sec. 106-196. - Appeals from the board of adjustment. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code § 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board of adjustment. ATTACHMENTS Exhibit A: Application Exhibit B: Area map 3