02-24-2005 Regular Meeing and Public Hearing

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Board of Adjustment February 24, 2005 #A 05-001 Page 4 of 4 The general intent and purpose behind the zoning ordinance is to promote public health, safety, and welfare. This is accomplished by providing a safe transportation system, providing sufficient open spaces and landscaped areas, and preventing the overcrowding of land. The zoning ordinance clearly provides for these items. Upholding the enforcement officer's decision in this case would certainly be in the best interest of the community and would be consistent with the spirit and interest of the City's zoning laws and the comprehensive plan of the city. Conclusion: One central issue to this appeal is whether the Texas Grill is a pre-existing non- conforming use and therefore, not subject to the conditions set forth in the zoning ordinance regulating the provision of a business operating in a General Commercial zone. The Texas Grill opened in a conforming status in -1999 under SCUP #99-001 and, at Mr. Walker's own request, applied to do the same in 2004 after an abandoned use. SCUP #04-009 was approved by Council and to date, the requirements have not been met. Section 106-263 (b) clearly and specially prohibits a use, once conforming, from reverting to nonconforming status. Appeals: Asper Section 106-196 of the Code of Ordinances of the City of LaPorte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment.