02-27-1997 Public Hearing and Special Called Meeting

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• • Bd. of Adjustment Appeal l~A97-002 2/27/97 Page 6 of 7 .. Mr. Pomonis, the appellant, has not provided the City with the date of the action he is complaining on. Mr. Pomonis assumes it was a February 1992 to August 1995 decision to allow a use to continue without abandonment as per Sect. 11-604: Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department or board, of the City of La Porte affected by any decision of the enforcement officer. Such appeal shall be taken within thirty (30) days as provided by the rules of procedure of the Board of Adjustment, by filing with the enforcement officer from whom the appeal is taken specifying the grounds thereof. The enforcement officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all .papers constituting the record upon which the action appealed from was taken. In this case the appeal process should have happened before September 30, 1995 as per Sect. 1~1-604 of the zoning ordinance. The continued leasing/use of the building and the property between August 9, 1993 and June, 1995 by Richard's Auto Repair did not indicate to staff an "intent to abandon the non-conforming use" on the part of the non-conforming use landowner or occupant. In addition, the zoning permit issued on July 28, 1995 for "La Porte Small Engine Repair" at 2757 Old Hwy. 146 clearly showed an intent to continue rather than abandon the non-conforming use. Staff has reviewed the elements of this request. While non- conforming issues are crucial, the Board's decision regarding this Abandonment of aNon-Conforming Use would have been better considered between 1993 and 1995. The current property owners purchased an R-3 zoned property which housed a tenant who had obtained a zoning permit to operate at this location. That tenant remained at that location until January, 1997.