2004-02-09 Regular Meeting - Laserfiche WebLink

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• 0 City Council Regular Meeting and Public Hearing — February 9, 2004 - Page 2 Motion was made by Councilmember Mosteit to vote on items B. C & D together. Second by Peter Griffiths. The motion carried. Ayes: Engelken, Griffiths, Mosteit, Young, Ebow, Warren, Meismer, Beasley and Malone Nays: None Abstain: None 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA Ms. Nancy McNabb of 4517 Goodfellow, Dallas, Texas 75229, a representative of NFPA, took the opportunity to thank the Ad Hoc Committee for recommending the C-3 Codes and offer any needed assistance. Ed Yung of 230 Jefferson, La Porte, Texas 77571, deferred speaking, allowing Carlos Smith to speak. Jim Zoller of 907 Hackberry, La Porte, Texas 77571, addressed.City Council and spoke in favor of the Special Conditional Use permit being considered this evening. Bill White of 10331 Collingswood, La Porte, Texas 77571, deferred speaking, allowing Carlos Smith to speak. Bobby Schlenk of 620 South 4'h Street, La Porte, Texas 77571, had a few questions regarding the moratorium: - Why wasn't each property owner contacted and asked their opinion on this issue. - Mr. Schlenk understood that zoning will be changed for the downtown area to meet different building codes. - Is this true, and if so, what kind of changes? - Will new permits be needed for existing buildings or new permits for anything that has a permit issued? within the last six months? - All three of his properties were an eyesore of the Main Street District at one time, my wife and he worked very hard to clean up these properties. This was all done with personal funding; to restore and beautify La Porte. These properties were on the demolition list to be torn down or they just needed some love and care. - Mr. Schlenk resents a handful of people dictating what he can and cannot do with his own property, especially when all my efforts have been in beautifying and restoring La Porte. Bill Scott of 1802 Lomax School Road, La Porte, Texas 77571, intended to expose more of the false statements in the Board of Adjustment (BOA) findings of fact regarding the feedlot next to his property. However, Mr. Scott spoke instead in opposition of the Special Conditional Use (SCU) Permit and brought up the following points: - A 6000 square foot building, where the limit is 2000 square feet, this issue started as a variance before the BOA and progressed to its current status of SCU Permit, associated with a Planned Unit Development (PUD). - The Zoning Ordinance PUD Section 636, the procedures are intended to be used in two ways. The City Attorney should have apprised you of all the details. If you study the intended uses, this issue does not fall under either intended use. The obvious conclusion is this section was either very poorly written, or needs to be rewritten. - Zoning Ordinance Section 656.F.10 is a very critical part of your City Council decision criteria on this matter, which Council should have been informed by the City Attorney. These items need to be adhered to as part of the quality under the law or changed in the Zoning Ordinance. The real issue is how the Board handled the variance. - Mr. Zoller, in his letter to the editor of the `Bayshore Sun", pointed out several specific clear items of law that the BOA ignored and its handling of the variance. Mr. Scott researched Mr. Zoller's claims and agrees with him.