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Staff Report March 28, 2013 <br />Appeal of the Enforcement Officer’s Decision <br />#13-95000001 <br />Requested by <br />:Gilbert Diaz, Property owner <br />Business Name: <br />Formerly Speedy Taco & Kings BBQ Restaurants <br />Requested for <br />:Remodeling of aSubstandard,Obsolete Non-Conforming Structure <br />Location <br />:500 W. Main <br />(Blk. 56; Lots21-23; Town of La Porte) <br />Zoning: <br />Main Street Overlay District(MSO) <br />Land Use Plan: <br />Commercial <br />Background <br />:The subject property is located in the City’s “Old Downtown” area.Most of <br />the structures located on this portion of West Main Street, between <br />North/South Broadway Street and State Highway 146, were typically built <br />without building setbacks from the property lines. Harris County Appraisal <br />District (HCAD) records show this building was constructed in 1955 with an <br />overall building area of 1,479 square feeton a land area of 9,125 square feet. <br />The applicant is appealing the Enforcement Officer’s decision to apply <br />Sec. 106-262 Nonconforming Structures <br />Code of Ordinances ona <br />proposed remodelof a substandard structure. Under DIVISION 9 <br />NONCONFORMING BUILDINGS, STRUCTURES AND USES of the <br />Zoning Ordinance, the City has been mandated to review all <br />nonconforming structures, uses, and lots. Section 106-261 states, “the <br />general public, the Planning and Zoning Commission and the Zoning Board <br />of Adjustment have been directed to take note that nonconformities in the <br />use and development of land and buildings are to be avoided, or eliminated <br />where now existing, wherever and whenever possible”… <br />As per City’s Code of Ordinances, the property in question currently <br />contains several nonconforming items that include: <br />Side building setback of 10’ adjacent to public right-of-way <br />Rear building setback of 20’ adjacent to alley <br />Substandardand dilapidatedstructure <br /> <br />