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<br />® APPEAL OF THE ENFORCINr OFFICER'S DECISION #A90-001 <br />Requested By: Mr. W. G. Clark, Jr. on behalf of <br />Belmont Constructor's, Inc. <br />Requested For: Belmont Constructor's, Inc. which is <br />located at 1241 Underwood Road. (See <br />Exhibit A). <br />Leaal Description: An approximately 21.5493 acre tract <br />composed of La Porte Outlots 367-370 out <br />of the Enoch Brinson Survey; Abstract 5. <br />Zonina: General Commercial (G. C.), R-2 Mid <br />Density Residential, R-1, Low Density <br />Residential. (See Exhibit A). <br />Subject of Appeal: Determination by the Enforcing Officer, <br />that the right of non-conforming use on <br />• a portion of the applicant's property <br />has ceased and is no longer in effect. <br />.• Background: . <br />As noted in the •applicant's letter, Fish Engineering Company <br />purchased and developed the subject tract (1241 Underwood Road) <br />prior to the La Porte, Lomax incorporation. Following the <br />January 1980 incorporation into the City of La Porte, a zoning <br />designation of "Commercial" was placed on the Fish property. <br />Under Ordinance 780, the zoning ordinance in effect at the time, <br />Fish's use of the property as a construction/fabrication shop and <br />yard was a conforming use within Commercial zones. <br />Ordinance 780 was still in effect in the mid 1980's when, <br />due to a downturn in .the local economy,• Fish was forced to scale <br />back their activities at the Underwood Facilities. In December <br />1985, while still under the regulations of Ordinance 780, Fish <br />Engineering leased a seventeen (17) acre portion of their <br />property to Re-Furb-Co. Inc., whose business was the repair of <br />repossessed mobile homes, (See Exhibit B). Re-Furb-Co occupied <br />this portion of the Fish property until June 1989. The seventeen <br />(17) acre section which they occupied contains a large 46 ft. x <br />200 ft. shop .building and an adjoining 46 ft. x 160 ft. open <br />slab. The building and slab are the subject of Belmont's appeal. <br />(See Exhibit G). <br />In January of 1987, while Re-Furb-Co. still held the lease <br />on the seventeen (17) acre section of the Fish property, the City <br />® of La Porte adopted a new zoning ordinance and map. This <br />