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Board of Adjustment <br />August 28, 2003 <br />#SE 03-006. <br />Page 3 <br />spaces + 81 + 88 = 173 parking spaces plus 6 ADA spaces for a <br />minimum of 179 parking spaces. <br />Without additional information, Staff must assume that each lease space is a <br />separate business that needs parking space. Option #2 ensures -that parking is <br />provided for eachlease space. To achieve Option #2, the applicant would not <br />need a variance (V#03-003) allowing parking in the rear setback adjacent to <br />the .residential units. However he would need to change the orientation of his <br />rear parking -area from head=in to angled: <br />Conclusion: Staff believes' the request - for a reduction in the off-street parking <br />requirements could be granted, but only if the following conditions occur: <br />1. The Board denies variance #03-003. This request is not necessary if <br />the Board . sets the minimum parking space requirement at 179 <br />spaces. In addition, parking in the rear setback would not be in the <br />public's best interest and would not protect and screen the business <br />industrial uses from the residential use. <br />2. '..The applicant submits and obtains City approval of a landscape plan <br />that provides. large trees and shrubs in - the mandatory. <br />screening/laridscaping in the 40' setback <br />3. An irrigation system is required to ensure that the 'screening -grows <br />and is well maintained. <br />4. At the time of building permitting, the City shall not allow various <br />uses if the. parking spaces will exceed the 179 parking space <br />minimum- granted by the Board. In. addition, the applicant must <br />provide a drawing with the average office space square footage <br />shown on his building plans. <br />5. If the property and use is abandoned and/or the applicant redevelops <br />the property with -a different use, the Special Exception will not be <br />valid. Furthermore, the current parking standards found in the Zoning <br />Ordinance shall prevail. <br />Appeals: Asper Section 106-196 of the Code of Ordinances of the City of La Porte: <br />Any person or persons, jointly or severally, aggrieved by any decision of the <br />Board of Adjustment, or any taxpayer, or any officer, department, board or <br />bureau of the city may present to a court of record a petition for a writ of <br />certiorari, as provided by V. T. CA., Local Government_ Code Section- <br />2 11. 011, dully verifteg setting forth that such decision is illegal, in whole or <br />in part, specng the grounds - of the illegality. Such petition shall be <br />presented to the court within ten days after the filing of .the decision in the <br />office of the Board of Adjustment <br />