02-22-1990 Public Hearing and Regular Meeting

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Board of Adjustment Minutes of 2-22-90 Page 2 of 3 In the early 1970's, Fish Engineering Co. purchased a 21.6 acre tract of land located at 1241 Underwood. Today there is an office building, large warehouse, fabrication shop built by Fish in 1972 and several smaller buildings. During these early years the property was. within the boundary of the community of Lomax and was subject to Lomax ordinances. In January 1980, the City of La Porte consolidated with Lomax and assumed the area in which the Fish property was located. This placed the property within the commercial zoning classification of La Porte's Zoning Ordinance #780. In January of 1987, La Porte's Zoning Ordinance 1501 came into effect. The usage of the property under Ordinance #780 was conforming, but under Ordinance #1501 it became legal non-conforming. The City of La Porte allowed Fish to continue using the entire property in a legal non-conforming use status. • In the mid 1980's, there was a decline in the construction industry. Approximately 4.0 acres of the 21.6 acres was used actively and the remaining 17 acres were leased to a company named Refurbco. On June 15, 1989, Refurbco discontinued their lease with Fish and the property, with its non-conforming use status reverted to Fish. In November 1989, Belmont Constructors, Inc., signed an option to purchase the entire 21.6 acres from Fish Eng. Belmont will continue to use the property as allowed by La Porte's ordinances and within the SIC classification 2451 and 3443 as established by the City. This property will continue to be used under a non- conforming use like it has been used by Fish Engineering. The City of La Porte 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 maintains that the right ceased when the Refurbco lease was executed.