06-18-1998 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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„ ~ 1 t best approach. SOME OPTIONS ARE: 1.) Change the definition of "structure" allowing for certain types of structures to exceed the Ordinances height limitations. This is not recommended because it opens the door for tall /imposing structures (that are not buildings) to constructed in areas that would significantly affect neighboring properties 2.) List height adjustment as a special exception to be reviewed by the Board of Adjustment While preferable to the definitional change, this approach would require a trip to the BOA on a case by case basis. Also, it would open the door for special exceptions to heights in all zoning districts. Again, as mentioned earlier the BOA's actions are subject to appeal. 3.) Change the Zoning Ordinance height provisions in H-1 canes. This would allow increased heights anywhere in H-1 zones regardless of field conditions or impact on neighboring properties. 4.) Change the Zoning Ordinance allowing increased heights in H-1 zones to be conditional on a case by case basis. This allows each case to be viewed independently, taking into account all aspects of the proposed project and its impact on neighboring properties. This is similar to a special exception but would limit it to H-1 zones. Staff would like to receive some direction from the Commission so that we can advise PPG. If an Ordinance change is suggested, we will need to prepare the appropriate notices for a Public Hearing. If an Ordinance change is not .favored, we will deny the permit and direct PPG to the Board of Adjustment. PPG is wishing to break ground in October. If we start now, it will provide enough time for both the Planning and Zoning Commission and City Council to consider and Ordinance change. POLICY DIRECTION: As mentioned above, for PPG to proceed they will need relief from the literal provisions of the Ordinance. The Ordinance does not provide for any administrative relief for this situation. As staff sees it, the options are: I.) Deny any permit application which allows PPG to appeal This approach would handle this situation only and not provide for similar cases in the future. The BOA's actions are subject w the appeal of the District Court 2.) Pursue a variance with the BOA Staff feels the "tests" for variance do not directly fit this situation Even if readily approved, this would only address this situation NOTE: As of this writing, John Armstrong, Assistant City Attorney, has not reviewed this memorandum and the approaches discussed. Mr. Armstrong is out of the office and will return on Monday, July 20, 1998. At the Planning and Zoning Commission, meeting it will be important to have him comment on any legal or ordinance construction issues.