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Staff Report February 24, <br />2005 <br />Appeal of Enforcement Officer's Decision #A 05-001 <br />Property owner: C & C Grocery <br />Applicant: Melvin Walker, Tenant <br />Location: 2219 Underwood Road <br />Legal description: TR 490A, La Porte Outlots <br />Present zoning: General Commercial (GC) <br />Surrounding North: General Commercial (GC) <br />zonine: South: General Commercial (GC) <br />East: General Commercial (GC) <br />West: Underwood Road <br />Background: Several points of order will be discussed. The previous City responses, point by point, <br />to Mr. Walker's allegations are attached to this report for your consideration. <br />The applicant is appealing the Enforcement Officer's decision to apply Code of <br />Ordinances Sec. 106-261, 106-262 Nonconforming Structures to this existing <br />building. <br />At the time when Lomax was consolidated to the City of La Porte, the property in <br />question was assigned a zoning classification of R-1 Residential. This was done under <br />the provisions of Ordinance 780, the Zoning Ordinance in effect at that time. On <br />January 26, 1987, as part of the comprehensive rezoning of LaPorte, the property in <br />question was zoned general commercial, as was the strip all along Underwood Road. <br />The comprehensive rezoning was in conjunction with the adoption of the City's present <br />Zoning Ordinance No. 1501 (Chapter 106) and as an element of La Porte's <br />Comprehensive Plan. <br />Total land area is 18,892 sq. ft. (0.43 ac.) with building area 4,000 sq. ft. As per <br />HCAD, the present structure was built in 1982. Initially, the north portion of the <br />building was used as commercial retail (C&C Grocery) and south portion as a <br />restaurant. In early 1990s, the Harris County acquired easterly right-of-way for <br />widening of Underwood Road. This commercial establishment lost gasoline <br />dispensers/canopy area along with some parking spaces on Underwood Road. <br />However, records do not reflect any non -conformities or outstanding building code <br />violations for this property. <br />Zoning permits show that 2219 Underwood #B was not in use from August 28, 1998 <br />until September 30, 1999. This nonuse was in excess of 180 days. Mr. Melvin <br />Walker was working towards reopening a restaurant and needed additional parking to <br />meet the City's parking requirements. Mr. David Schoolcraft owned/managed property <br />behind the prospective restaurant and leased it to Mr. Walker as a parking area. An oil <br />