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

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REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 27, 2012 Requested By: Tim Tietiens Department: Planning Report: X Resolution: _Ordinance: Exhibits: Area Map Proposed Zoning Ordinance Amendments Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES _NO SUMMARY At the request of Councilman Mosteit, staff is analyzing the accessory structure requirement of the Zoning Ordinance to consider the possibility of allowing garages, livestock barns, storage, etc. without a primary structure on the same tract within the large lot residential district. The impetus for a potential revision resulted from a property owner in the Lomax area who, in 2011, subdivided and sold a portion of property with a barn and kept the portion with the house. The buyer of the barn property does not want to build a house (primary structure) at this time but intends to use the property for personal use only. See exhibit attached. The buyer needed power to be turned on for 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 a number 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 a specific 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, barns and/or livestock without a primary structure are indeed personal, non commercial uses only within 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 Manager Date