HomeMy WebLinkAbout12-06-1978 Joint Public Hearing•
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PLANN3NG & 20NING COIVWIISSION
December 6, 1978
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Joint public hearing of the city commission of the
city of La Porte and the planning and zoning commission.
Considered a variance request for lots 1~+~ 15~ &
16 Block 155 town of La Porte to allow a duplex to be
built and if granted a variance regarding the required
1050 square feet in the second living unit. The request
was denied by the city commissioners.
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GAIL J. HAMILTON, J. D.
ASSOCIATE
Planning and Zoning
Pat Muston, Chairman
City of La Porte
La Porte,'~exas 77571
KNOX W. ASKINS, J. D.
ATTORNEY AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA FORTE, TEXAS 77571
December 5, 1978
Commission
Re: St. Mary's Church proposed portable building
Dear Mrs. Muston:
TELEPHONE
713 471-1886
The application of St. Mary's Church to erect a prefabricated
building at 816 Park Aveune, to be used for charitable dis-
tribution of goods runs afoul of two provisions of the City's
Zoning Ordinance 780, those being the nature and placement
of the building and the use thereof.
The building is to be a prefabricated accessory building, in
which no one will live. The placement of such as proposed by
the Church would be in violation of Section 13-201(8) of the
Zoning Ordinance, in that it would not be located 75 feet
from the front property line. This problem may be cured by
a special exception under Section 16-201(1), concerning
modification of the required yard area and spacing.
The intended use, charitable distrubution of goods, is a use
which is not specifically allowed in R-1 districts. Section
13-201(3), speaking of Churches and their uses, does not
specifically list such as a valid Church function and it is
not listed as a use which is exclusive to types of districts
other than R-1. Section 16-201(6) provides for the determination
of classifications not specifically named in the Ordinance.
In this case, such determination should include a finding
that the proposed use is in keeping with the uses specifically
named in the regulations for the R-1 district. If it is the
policy of the City that such a use should be allowed, a
holding that charitable distribution of goods, where such is
clearly ancillary to the main function of the Church property,
is in keeping with the uses of Church property specifically
named in the R-1 regulations, would be appropriate in order
to allow this use.
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Pat Muston
City of La Porte
December 5
Page 2
Should the Commission decide that granting the request of
St. Mary's is proper and desirable, the needed action may
be accomplished by the enclosed resolution or by similar
action.
If you have further questions in this matter, please let me
know if I may be of assistance.
Yours very truly,
7'J2G~
Gail J~HamiltonG~~~
GJH:bl
cc: Mr. Jim Hudgens
City Administrator
Hon. Mayor and City Commissioners
City of La Porte
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RESOLUTION N0.
A RESOLUTION ALLOWING A SPECIF.L E}:CEPTION FOR THE PLACE.'~iENT
OF AN ACCESORY BUILDING AT 816 PARK AVENUE; AND FINDING
THAT CHARITABLE DISTRIBUTION OF GOODS" IS A USE IN KEEPING
WITH THAT OF CHURCH PROPERTY.
WHEREAS, this Commission has determined that the charitable
distrubution of goods is a use reasonably contemplated for
Church property; and
WHEREAS, Zoning Ordinance 780 lists Churches as an appro-
priate use within the R-1 District; Now therefore:
BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF LA PORTE, TEXAS:
THAT, St. Mary's Church is hereby granted a special ex-
ception under Section 16-201(1) of Toning Ordinance 780
to place a prefabricated accessory building as near as
feet to the front yard line at 816 Park Avenue; and
THAT, this Commission hereby finds under Section 16-201(6)
that the "charitable distribution of goods", where such is
clearly ancillary to the main function of Church property, is
in keeping with the uses of Church property specifically named
in the R-1 regulations.
PASSED AND APPROVED this day of
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PLANNING AND ZONING COMMISSION
OF THE CITY OF LA PORTE
By:
PAT MUSTON, Chairman
ATTEST:
Secretary
PNONE
A/C 713 47f-2000
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St. Mary's Church
816 PARK AVENUE
LA PORTE, TEXAS 77571
October 6, 1978
Mrs. Margie Goyen
Planning Commission Board
City of La Porte
La Porte, Texas 77571
Dear Mrs. Goyen:
This letter is for the purpose of giving the Planning Commission
a written request to make a special restriction variance to allow
St. Mary's St. Vincent de Paul Society of La Porte to operate a used
clothing and furniture store on St. Mary's Church Property located
at 816 Park Ave. Please note, on the enclosed sketch, the location
of the area that we are talking about. We also wish to purchase a
new 14' x 40' metal portable building and locate it in the area
marked "new building".
The St. Vincent de Paul Society is anon-profit organization
designed to give moral, spiritual and material help to the poor in
the La Porte area. All funds raised or donated to it remain with
St. Vincent de Paul. We take the money and help the area poor and
needy by paying their rent, utilities, food, donate clothing, etc.,
without regard to race, creed, color or financial status. None of
the funds go toward financial assistance of St. Mary's Church.
Over the past 7 years we have helped the La Porte Area needs to the
tune of over $25,000.
If you have any questions regarding this request, please give
me a call at my office, 869-8331.
Yours Truly,
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Richard Florance
President
St. Vincent de Paul Society
St. Mary's Church
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Administration
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
T0: MARGIE GOYEN, CITY CLERK DATE: NOVEMBER 29, 1978
FROM: PAT MUSTON, CHAIRMAN
PLANNING & ZONING COMMISSION
SUBJECT:
PLANNING & ZONING COMMISSION MEETING OF NOVEMBER 21, 1978
RE(~UEST BY ST. MARY~S CHURCH FOR VARIANCE:
The Planning & Zoning Commission wishes to approve this request and
has asked Gail Hamilton to research proper way to do it and report
back.
REQUEST BY GUS BRIEDEN FOR VARIANCE FOR COURTYARD:
Tabled for further study. Gail Hamilton to provide definition of
"courtyard".
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