09-08-1988 Public Hearing and Regular Meeting

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APP~L OF ENFORCEMENT OFFICER'~ECISION O Request: ~~88-002 n u Requested For: Legal Description: 808 South 2nd Street ee Exhibit A) Lots 24-26; Block 54; La Porte Tract Zoning Classification: R-1 Low Density Residential Requested Bv: Background• h1rs. Delia Claus 808 South 2nd~Street is a single family home located in an R-1 (zone. There was ~a front yard carport on the property, for several years prior to Hurricane Alicia. The hurricane, in 1983, ,tore the top_~ off the carport effectively destroying the structure. ~'he upright H~Tt~ poles are the only portion of the carport still remaining. At the time of the hurricane, th_e City's zoning regulations were gover_n.e-d~by_ Ordinance No. 780. Ordinance No. 780 in sections 11-103(4) and-1-1=1-0-5 made provisions or replacement of a d=e=stroyed non-conf,orm:ng use if reconstruction was completed within one (1) year of destruction (see Exhibit B7. o permit applic~a-t-io-n-s-we-r~e-f~ile-c~ within the one (1) year period following the hurricane. =0n July 6, 1987 (after the adoption of Zoning Or~c.inance No. 1501); Mr. Claus applied for _a_b_u_ilding permit to rebuild the carport ~ see Exhibit C)~This permit was denied by the Building Official, David Paulissen. - \After having their permit denied, the applicants contacted the City Manager's office. City Manager, Bob Herrera replied in a letter dated July 10, 1987 (See Exhibit D). In this letter, Mr. Herrera advised the Clauses of their right to appeal the Building Official's denial before the Zoning Board of Adjustments, if the appeal was ;requested within thirty (30) days ofd efi~permit denial. No appeal was' filed. ~JFollowing t~piration of the thirty (30) day appeal period, Mr Paulissen was again contacted by Mrs. Claus. He replied by letter, This letter, dated August 20, 1988, advised Mrs. Claus of her right t request a variance to allow the reconstruction of her carport (Se Exhibit-E~~No variance request was filed. O