03-24-1994 Public Hearing and Regular Meeting ZBOA

Browse Search

Page 6 of 8 Board of Adjustment Staff Report of 3-24-94 #A93-004 H.D.D. Code manufactured home. The applicant is certainly free to have a conventionally built home constructed on the property. · Will granting the appeal afford a special privilege to one property inconsistent with other properties or uses similarly situated? In this case, the answer is yes. Granting this appeal would certainly grant a special privilege to this property. The City of La Porte has consistently dealt with non-conforming mobile and manufactured homes in the same manner. Specifically, non-conforming units are granted (where appropriate) legal non-conforming status until such time as they are destroyed or removed. This stand, which has been upheld by the Board in previous appeals, has been enforced consistently. To grant this appeal would effectively establish a standard that is different than has previously been applied in similar instances. · Will the decision of the Board (to grant or deny) be in the best interest of the community and consistent with the spirit and interest of the City's zoning laws and the Comprehensive Plan of the City? The decision of the Building Official to deny the applicant's permit was clearly in line with Zoning Ordinance requirements. To grant the appeal would be contrary to the letter and intent of the Ordinance. In regards to intent of the Comprehensive Plan, the Zoning Ordinance and map are components of the Comprehensive Plan and as such, are tools by which the Plan's intent is to be achieved. The Comprehensive Plan itself was developed as a model or guide to promote development of the City in a manner that best serves the interests of the community as a whole. To this end, the plan was subjected to an extensive public review process that included both formal public hearing and informal neighborhood meetings. Subsequent to the 1988 Bay M.D.D. annexation, the Comprehensive Plan was updated to incorporate the newly annexed areas. These plan amendments were discussed and developed during a series of Planning and Zoning Commission meetings. The amendments were formally adopted (following public hearings) in conjunction with the permanent zoning classifications now assigned to the former Bay M.D.D. area. Finally, with the recent adoption of the "Bayfront Master Plan" as a Comprehensive Plan component, the intent of the Plan is once again reaffirmed.