01-25-1990 Public Hearing and Regular Meeting

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~ ~ BELMONT Belmont Constructors, Inc. Type of Relief Being Sought: In November 16, 1989, Belmont Constructors, Inc. signed an option to purchase the entire 21.6 acres of land and the buildings on Underwood Road from Fish Engineering. Belmont, like Fish, is an engineering and construction company. Belmont will continue to use the property for normal day to day engineering/construction activities as allowed by LaPorte's ordinances and within the SIC classifications 2451 and 3443 as established by the city. ,: The office building and warehouse on the 4 acre piece of the 21.6 acre property will continue to be used under a non-conforming use exactly as it has always been used by Fish Engineering. The City of LaPorte contends that the right of non-conforming use as a construction/fabrication yard has ceased on the 17 acre portion of the tract. The City of LaPorte maintains that this right ceased when the Refurbco lease was executed. Section 4-202.4 of the City of LaPorte's zoning ordinance states that the Board of Adjustments in determining whether or not a non- conforming use has been abandoned shall decide whether or not the owner intended to abandon the non-conforming use during the period of cessation. Belmont believes that it was never the intention of the former owner, Fish Engineering, to abandon the non-conforming use. This is the basis for this appeal. Belmont is only appealing the City of LaPorte's decision as it regards the large fabrication shop and attached concrete slab indicated on the attached site plan.. The entire length of the shop's south side adjoins the 4 acre section of property. The shop's double doors open directly on to the 4 acre section and to the attached slab on the east end of the building. The remaining 17 acre section of land, with buildings, would remain under the current non-conforming use as was being used by Fish Engineering. 2400 West Loop South Suite 550 Houston, Texas 77027 (713) 621-3223 Fax: (713) 621-1822