04-24-1997 Regular Meeing and Public Hearing

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Board of Adjustment Mtg. 9-25-97 A97-003 -Brenda Rogers . Page 4 of 5 The Board, when considering an appeal, is charged by Section 11-604.3 of the Zoning Ordinance to use the following criteria and only grant an appeal when it is found that all three (3) conditions have been satisfied. ^ That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interpretation of the enforcement officer is a reasonable presumption and the zoning ordinance is unreasonable. • That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. ^ The decision of the Board must 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 of La Porte. Regarding the specific intent of the zoning regulations, Ordinance Section 4-200 requires that except as necessary to preserve established property rights, specific nonconforming structures, lots or uses, the "Board [of Adjustment] is directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing wherever and whenever possible". The applicant's property has, since annexation, enjoyed the full ~ protection of the nonconforming use sections of the Zoning Ordinance. Now, however, with the removal of the mobile home, normal R-l, Low Density Residential restrictions must be applied to the property. It should be noted that the property in question complies with zoning requirements for single family homesites. There is nothing in the ordinance to prevent a conventional single family home from being developed on the property. Based on these considerations, it cannot be construed that the Zoning Ordinance is unreasonable. Regarding the issue of special privilege; the City of La Porte has been very consistent in dealing with the issue of nonconforming mobile homes. The City has strictly observed ordinance requirements which protect the established nonconforming status of existing homes. The City has also, through litigation when necessary, enforced the zoning regulations (as they apply to mobile homes) assigned to a given district. To grant this appeal would vary from this standard and therefore, in effect, grant a special privilege to this property. . The third condition requires that the Board's decision must be in the best interest of the City's zoning laws and Comprehensive Plan. Granting this appeal would clearly not be in the best interest of the Zoning Ordinance, nor would it further the Comprehensive Plan goal or re-establishing the Pine Bluff Subdivision as a neighborhood of single family homes.