12-19-1991 Regular Meeting of the Planning and Zoning Commission

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January 10, 1992 Page -2- well recognized in Texas courts as being appropriate. However, numerous court cases also recognize that the reason for the existence of this provision is to provide clear ordinance recognition by the city of La Porte of the existence of private covenants and restrictions, and clearly demonstrate the intent of the city not to interfere-with private contract rights. Indeed, section 11-700 of the Zoning Ordinance which is the enforcement provision, does not allow the city of La Porte to invoke civil remedies to enforce non-ordinance private covenants and restrictions. The city is only empowered under section 11-700 to exercise and invoke civil remedies to prohibit construction, alteration, repair, etc. of structures in violation of the terms of the zoning Ordinance. The recognition of the Zoning Ordinance in section 1- 400 of the existence and prevalence of private covenants and restrictions that are more restrictive than the Zoning Ordinance does not per se make these provisions a part of the Zoning Ordinance, and subject to City of La Porte enforcement. Only the city Council of the City of La Porte, pursuant to due recommendation from the City's Planning and Zoning Commission, can establish Zoning Ordinance provisions that are binding and invoke the governmental authority of the City to enforce their terms. Any amendments to current carport regulations would have to be achieved through zoning Ordinance amendments. Further study on the subject, shall be directed to the Planning and Zoning Commission for its recommendation to City Council. The Planning & Zoning commission will receive this letter, together with Staff's report, at their currently scheduled meeting of January 16, 1992,' at 6:00 P.M. JDA/rf xc: Mr. Bob Herrera Mr. Knox Askins Mr. John Joerns Planning & Zoning commission of the City of La Porte