12-04-97 Regular Meeing and Public Hearing

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Staff Report February 25,1999 Special Exception Permit Request #SE99-001 Requested bv: Southwestern Bell Telephone, property owner. Requested for: Lots 17-32; Block 65; Town of LaPorte. Location: 502 W. Polk Street Zoning: Low Density Residential (R-1) Background: According to the City's current zoning map, which was approved on January 26, 1987 and later replaced by the map dated September 25, 1989, the property is currently zoned R-1. (See Exhibit A). Based on the map the current property use is considered "non -conforming". The proposed expansion by the installation of a portable accessory (storage) building could mean an enlargement of the non -conforming use, but would not be an enlargement to the existing structure. The proposed expansion would be totally confined within Southwestern Bell's current lot of record. In February, 1997, the Board granted Special Exception Request #SE97-001 allowing Southwestern Bell to expand a parking lot which included a roofed over parking area. At this time, the applicant is requesting an exception to allow an expansion with the installation of a portable 8 X 20' storage building that could easily be removed and would not prevent the return of property to a conforming use. This exception is being requested under the terms of Section 106-19 1 (b)(1). ❖ To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension or enlargement does not prevent the return of the property to a conforming use. While the above noted language does not specifically apply to the installation of a portable storage building staff believes that this situation is within the spirit of Section 105-191(b)(1) of the Code of Ordinances of the City of LaPorte. (See Exhibit B). The City Attorney has concurred with their belief.