1979-03-21 Regular Meeting - Laserfiche WebLink

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• • U • KNOX W. ASKINS, J. D. ATTORNEY AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1216 LA pORTE, TEXAS 77571 pAlt. J. HAMILTON, J. D. ' ASSOCIATE December 5, 1978 Planning and.Zoning Commission Pat Huston, Chairman City of La Porte La Porte,7~.exas 77571 Re: St. tdary's Church proposed portable building Dear Mrs. Huston: TELEPHONE 713 A71•IB86 The application of St. Mary's Church to erect a prefabricated building at 816 Park Aveune, to be used for charitable dis- tribution of goods runs afoul of two provisions of the. City's Zoning Ordinance 780, those being the nature and placement of the building and the use thereof. The building is to be a prefabricated accessory building, in which no one will live. The placement of such as proposed by the Church would be in violation of Section 13-201(8) of the Zoning Ordinance, in that it would not be located 75 feet from the front property line. This problem may be cured by a special exception under Section 1G-201(1), concerning modification of the required yard area and spacing. • The intended use, charitable distrubution of goods, is a use which is not specifically allowed in R-1 districts. Section 13-201(3), speaking of Churches and their uses, does not specifically list such as a valid Church function and it is not listed as a use which is exclusive to types of districts other than R-1. Section 1G-201(6} provides for tYzc determination of classifications not specifically named in the Ordinance. In this case, such determination should include a finding that tlic proposed use is in keeping with the uses specifically named in the regu]_ations for the R-1 district. If it is the policy of. the City that such a use should be allowed ,•a holding that charitable distribution of goods, where such is clearly anr.illary to the main function of- the Church property, is izi keeping with the uses of Cl1Uy"ell property specifically named i.n the R-1 regulation::>, would be appropriate in order to allow this use.