05-24-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment 6/28/07 - #A 07-001 ,_Page 2 of3 Analvsis: The applicant seeks permission to repair the garage and remodel the abandoned garage apartment built on the second floor. Issuance of the garage repair permit will allow for the needed repairs and City inspections to satisfy the code enforcement violations. While, possible remodel of the upper portion will be addressed separately. Unless the Board determines that such a use or structure has not been abandoned for a period of 180 consecutive calendar days, the burden of proof is upon the applicant. In describing the action of appeal, the Code of Ordinances states: In exercising the powers set forth in Section 106-88, the Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. The Board must fmd the following in order to grant an appeal: a) 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. Current regulations are written in a clear manner which allows the enforcement officer to understand the intent of City Council as it relates to the nonconforming use and/or structure. This regulation has been in effect since the January 26, 1987 adoption of the Zoning Ordinance (Chapter 106) and the regulation has not been proven to be "unreasonable". No reasonable difference exists regarding the interpretation of the Zoning Ordinance. Alternative remedies exist for the property owner in which the applicant would be compliant with the Ordinance; therefore the Zoning Ordinance should not be construed as unreasonable. b) That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated Current regulations are written in a clear manner that enables individuals to understand City Council's intent. This enables Staff to provide the information to others and be consistent in the enforcement of this regulation. This consistency in the enforcement of the regulation ensures no "special privilege" to anyone property. One of the objectives of the Zoning Ordinance is to eliminate and/or ameliorate nonconformities. Typically, the elimination of nonconformities is addressed when property owner decides to develop the property or repair/remodel existing facilities. Granting this request would give the appearance of granting a special privilege to the property owner.