07-24-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment August 28, 2003 #SE 03-006 Page 3 spaces + 81 + 88 = 173 parking spaces plus 6 ADA spaces for a minimum of 179 parking spaces. Without additional information, Staff must assume that each lease space is a separate business that needs parking space. Option #2 ensures that parking is provided for each lease space. To achieve Option #2, the applicant would not need a variance (V#03-003) allowing parking in the rear setback adjacent to the residential units. However he would need to change the orientation of his rear parking area from head -in to angled. Conclusion: Staff believes the request for a reduction in the off-street parking requirements could be granted, but only if the following conditions occur: 1. The Board denies Variance #03-003. This request is not necessary if the Board sets the minimum parking space requirement at 179 spaces. In addition, parking in the rear setback would not be' in the public's best interest and would not protect and screen the business industrial uses from the residential use. 2. The applicant submits. and obtains City approval of a landscape plan that provides large trees and shrubs in'. the mandatory screening/landscaping in the 40' setback 3. An irrigation system is required to ensure that the screening grows. and is well maintained. 4. At the time of building permitting, the City shall not allow various uses if the parking spaces will exceed the 179 parking space minimum' granted by the Board. In addition, the applicant must provide a drawing - with the average office space square footage shown on his building plans. 5. If the property and use is abandoned and/or the applicant redevelops the property with a different use, the Special Exception will not be valid. Furthermore, the current parking standards found in the Zoning Ordinance shall prevail. Anneals: Asper Section 106-196 of the Code of Ordinances of the City of La Porte: Any person or persons, jointly or 'severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by Y.T.C.A., Local Government Code Section 211. 011, duly verified, setting forth that such decision is illegal, in whole or in part, specking the grounds of the illegality. Such petition shall be . presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment.