06-25-1992 Public Hearing and Regular Meeting ZBOA

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Page 3 of 9 Zoning Board of Adjustment Minutes of June 25, 1992 VI. CONSIDER APPROVAL OR DENIAL OF VARIANCE REQUEST V92-001 A motion was made by Charles Christensen to approve Variance Request V92-001 and was seconded by Steve Hinds. John Armstrong reminded the Board that it takes a concurring vote of four (4) members of the affirmative to grant the variance. The vote was unanimous and the motion passed. III. TAKE PUBLIC TESTIMONY REGARDING APPEAL OF THE ENFORCEMENT OFFICER'S DECISION #A92-001. APPLICANT IS APPEALING CITY'S DETERMINATION THAT MATLACK, INC. IS OPERATING A TRUCK TERMINAL, WCATED AT 11230 WEST MAIN, WITHIN A GENERAL COMMERCIAL ZONE IN VIOLATION OF SECTION 6-401 OF ZONING ORDINANCE 1501. Mr. Harrington briefed the Board regarding the appeal of the enforcement officer's decision #A92-001. The location of the property is 11230 West Main. The appeal is being requested by John B. and Jana Steeland the property owners on behalf of Matlack, Inc. The decision under appeal is the City's determination that Matlack, Inc. is operating a truck terminal in a GC zone in violation of Section 6-401 of Zoning Ordinance 1501 and contrary to the zoning permit #90-058. The property in question is located across from the airport and nearby the Fairmont Park East Subdivision. Matlack, Inc. is a trucking company which occupies the facility located at 11230 West Main Street. On June 20, 1990, Matlack, Inc. was granted a zoning permit #90-058 for 3210 Boyette, a neighboring facility. The zoning permit allows a truck repair service to be operated at this address. The City does not dispute the points presented by the applicants. However, from that point on, there is a considerable amount of dispute between the City's position and that of the applicant. Mr. Harrington referred to an aerial map of the location which was taken in 1986 and at that time there was a trucking terminal operated by another company. That company ceased operation in 1984. The rest of the tract was undeveloped except for a building at the rear of the property which is 3210 Boyette and now operating as a service facility. In November, 1986, Matlack occupied the property at 11230 West Main Street. It is the staffs contention that at that time they occupied the facility but used it as a service facility for their operation. In 1987, the City of La Porte adopted Zoning Ordinance 1501 which restricted trucking terminals to the BI classification and allowed truck servicing businesses as a by-right use in a GC zone, which is