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• <br />Page 2 <br />Per the attached Zoning Permits, 2219 Underwood #B was not in use from August 28, 1998 until <br />September 03, 1999. Therefore, the nonconforming status of this structure became null and void <br />and the current Zoning Ordinances are applicable. <br />You state that Texas Grill is a restaurant; therefore the building use has not changed. <br />Per the attached Zoning Permit of September 3, 1999 the Texas Grill Restaurant was in <br />conformance with the City of La Porte's Zoning Ordinances and was operating in that status. <br />Zoning Ordinance § 106-263 (b). Nonconforming uses. <br />...Whether or not a use is more conforming to the zoning district in which the nonconforming use <br />or structure is located is a question to be determined by the planning director, subject to appeal <br />as provided in this division. A nonconforming use or structure so changed shall not thereafter <br />be returned to a nonconforming use or structure. <br />This ordinance clearly states that once you have attained conforming status you can not return to <br />nonconforming status, therefore the current Zoning Ordinances are applicable. <br />On April 12, 2004, you received a Zoning Permit for the Texas Grill for "catering only" no "dine <br />in" permitted. With your application you stated "We will only use the kitchen, wash area, new <br />restrooms, and office area at this time. We will use rest at latter date after parking is worked out <br />for dine in service." (see attached) <br />On May 20, 2004 the Planning and Zoning Commission held a public hearing regarding your <br />request for a Special Conditional Use Permit (#SCU04-009) to allow off -site parking for your <br />restaurant. The Commission recommended approval of your request to City Council. On June <br />14, 2004 City Council approved your Special Conditional Use Permit with conditions. <br />The condition we are waiting on at this time is the receipt of a signed lease agreement for <br />permanent parking for review by the City Attorney. Upon receipt of the signed agreement to the <br />City of La Porte's Planning Department, the Texas Grill can open immediately. <br />If I can be of further assistance, please let me know. <br />Sincerel , <br />Debra B. Feazelle <br />City Manager <br />DBF:db <br />Attachments <br />