2004-02-09 Regular Meeting - Laserfiche WebLink

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City Council Regular Meeting and Public Hearing — February 9, 2004 - Page 3 - Mr. Scott would like to add another very important violation of lawby the BOA. The term use is not defined in the Zoning Ordinance, another oversight. If the dictionary's definition of use, the 6000 square foot building fits under the term or word use. This is very important, as Zoning Ordinance Section 192.0 states "use variance prohibited", quote again, "no variance shall be granted to permit a use in a Zoning District in which that use is prohibited". It is obvious the use of a 6000 square foot building is prohibited, or there would not have been an attempt to get a variance to begin with. The BOA violated the law and their signed oath to uphold the law. , - Mr. Scott asked the obvious 2646 questions; how long are you going to let lawbreakers and oath violators sit In judgment of issues of the citizens and when are you going to clean up this mess? Mr. Scott has suffered under same sort of .things, same injustices, violations of law and procedure; in fact Spero Pomonis was subject to that not too long ago. We all need to have the same equality under the law. Carlos Smith of 1003 East E Street, La Porte, Texas 77571, Mr. Smith encouraged Council to adopt the ICC Codes for the commercial area. Mr. Smith noted it would be easier for Staff to work with one code and stated they are more comprehensive. Mr. Smith provided Council with a handout. 6. Open Public Hearing — Mayor Malone opened the Public Hearing at 6:28 P.M. Council to consider approval or other action regarding a Special Conditional Use Permit #SCU03-004 and amending Ordinance 1501 -III. Interim Planning Director Nick Finan presented summary and recommendation and answered Council's questions. Public Input Scott Rodriguez of 15727 Perksley Drive, Houston, Texas 77059, property owner of 803 McCabe Road, La Porte, Texas 77571, requested Council approve the request for the Special Conditional Use Permit (SCU03- 004). Mr. Rodriguez noted he could follow the ordinance, as written, but it does not make much sense. Planning and Zoning Staff recommends approval and requested clarification from Council on the 30 foot spacing from the main structure and additional rear structure. The Public Hearing was closed at 6:43 p.m. 7. Council to consider approval or other action of a Special Conditional Use Permit #SCU03-004 and amending Ordinance 1501 -III. Interim Planning Director Nick Finan presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong read: ORDINANCE 1501 -III - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THAT CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO -WIT: 5.89 ACRES IN THE 800 BLOCK OF MCCABE ROAD, BEING TRS 5G.& 5H, ABSTRACT 30, P.HARRIS SURVEY, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING A SINGLE-FAMILY HOUSE AND ACCESSORY STRUCTURE IN A: PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.