06-25-1992 Public Hearing and Regular Meeting ZBOA

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Page 8 of 9 Zoning Board of Adjustment Minutes of June 25, 1992 Matlack makes pick-ups from plants and 95% of the pick-ups are delivered. The remaining 5% sets at the yard for no longer than 24 hours. Spill recovery is available on site. Matlack's trucks are permitted by the Texas Water Commission. The terminal manager is not aware if Matlack meets La Porte's City Ordinance requirements for their truck terminal facilities. The Channelview facility was closed in April of 91 due to a disagreement with the union. The road to the facility is approximately 1/2 block from residential property. Mr. Steeland addressed the Board. Chairman Bemay swears in Mr. Steeland. In December, 1980, he operated Johnny's Diesel Service. Mr. Steeland agrees that this location has always been a truck terminal. It was Mr. Steeland's belief that the contractor he hired to build the road and the contractor he hired to pour the concrete pads was suppose to obtain a permit, however, they did not. The tape messes up. John Armstrong read from Article 4 of the Zoning Ordinance which in part refers to non-conforming uses. B. OPPONENTS There were none. IV. CONSIDER APPROVAL OR DENIAL OF APPEAL OF THE ENFORCING OFFICER'S DECISION A92-001 John Armstrong noted that it seemed that staff was withdrawing their determination that the use was not continuous. He stated that if the Board chooses, they have the authority to rule on the expansion issue but warned that it might not be appropriate in light of the applicant indicating he has not had time to prepare a defense on that issue. He then recommended adjournment of the meeting. Mr. Harrington stated since we're withdrawing our determination of the occupancy, rather than setting it up for a hearing, we would recommend that this business submit site plans, etc. to begin the process just as any other non-conforming business would have to do. Sidney Grant asks Chairman Bemay if this leaves things open for this issue to come back to us. Mr. Harrington answered that we now have on record that this is a non-conforming use, therefore, no vote is needed from the Board.