03-23-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Board of Adjustment 04/27/06 - #A 06-002 Conclusion: . Section 106-261 states that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where not existing, wherever and whenever possible, except when necessary to preserve property rights. Current regulations are written in a clear manner that allows the enforcement officer to understand the intent of City Council as it relates to nonconforming structures and uses. These regulations have been in effect since the January 26, 1987 adoption of Zoning Ordinance #1501 (Chapter 106). b) That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. . Section 106-262(g) states that, "A structure that is nonconforming may be altered, remodeled or otherwise improved but not enlarged, unless the board of adjustment determines that such enlargement will not result in an increase in the degree of nonconformity with the regulations and development standards of the district in which it is located. " Current regulations show consistency in the enforcement of the regulation and ensure no "special privilege" to anyone property. c) 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. . Section 106-262 (h) (2) states that, "A nonconforming structure shall be deemed abandoned when the structure ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The use of the nonconforming structure, when abandoned, shall not resume." Staff believes the request conflicts with the intent of the regulations and would not be in the best interest of the community or be consistent with the spirit and interest of the City's Zoning Laws and the Comprehensive Plan of the City. Based on the facts and considerations noted in this report, Staff feels the request does not comply with the intent of the City's nonconforming structure regulations.