05-23-13 Zoning Board of Adjustment Meeting

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Zoning Board of Adjustment Minutes of March 28, 2013 Board Members Present: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt 2) Board Members Absent: T.J. Walker, Lawrence McNeal (Alt 1) City Staff Present: Planning Director Tim Tietjens, City Planner Masood Malik, Deputy Building Official Mark Huber, Assistant City Attorney Clark Askins, and Office Coordinator Peggy Lee 1. Call to Order. Chairman Maltsberger called the meeting to order at 6:02 p.m. 2. Consider approval of the January 10, 2013, meeting minutes. Motion by Rod Rothermel to approve the January 10, 2013, meeting minutes. Second by Charles Schoppe. Motion carried. Ayes: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt 2) Nays: None 3. Consider Appeal of the Enforcement Officer's Decision #13-95000001 for the property located at 500 West Main, further described as Lots 21-23, Block 56, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. The applicant appeals the enforcement officer's decision to deny a permit for Obsolescence of Structure, the repair costs of which exceed 50% of replacement cost of the structure. This appeal is being sought under the terms of Section 106-89 (3) of the City's Code of Ordinances. A. Staff Presentation City Planner Masood Malik presented the staff report for Appeal of the Enforcement Officer's Decision #13-95000001. The applicant, Gilbert Diaz, is appealing the enforcement officer's decision to deny a permit for remodeling the primary structure located at 500 West Main. The City has determined that the primary structure is substandard and the cost of bringing it into lawful compliance will exceed 50% of the replacement cost of such structure. Mr. Malik showed photos of the interior and exterior of the building, which were taken several years ago. A City Council public hearing for possible action to declare the subject structure a dangerous building has been continued to a later date to allow the Zoning Board of Adjustment an opportunity to rule on the Appeal request. The Board questioned the use of appraisal value when dealing with replacement cost.