03-24-1994 Public Hearing and Regular Meeting ZBOA

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Page 9 of 10 Zoning Board of Adjustment Minutes of March 24, 1994 Mr. Capen asked if this matter had previously been taken to court. Mr. Armstrong stated he was named a defendant in the first lawsuit, so he did not represent the City although he assisted as City Attorney in the representation. The matter had gone to the District Court where the City prevailed with both parties filing cross-motions for summary judgement based on a set of stipulated facts. Part of the stipulations were previously introduced during the meeting. Mr. Armstrong added the City of La Porte prevailed in the District Court and Ms. Stevenson then appealed to the Court of Appeals which ruled that she had failed to exhaust her administrative remedies and needed to begin the procedure again. She then appealed to the Supreme Court which affirmed the decision of the Court of Appeals. Mr. Zoller questioned a memorandum submitted by Ms. Stevenson dated March 27, 1989, that was written by Joel Albrecht (former Director of Community Development) to Bob Herrera through John Joems. Mr. Armstrong stated that at the time the letter was written, the City was in the process of cataloging and obtaining facts and information relative to applicants for pre-existing mobile homes in Bay M.D.D. for purposes of making determinations on whether or not the mobile homes were lawful pre-existing non-conforming parks. Staff never made a formal determination that this was a lawful pre-existing non-conforming mobile home park. This was part of the registration process. After complete information was obtained, staff review concluded that this was not a mobile home park. In any event, no Zoning Permit was ever obtained by Ms. Stevenson for a pre-existing non-conforming use of her property as a mobile home park. When the initial determination of the zoning use of Ms. Stevenson's property was made it was clear that staffs position was that the property was R-1 and that Ms. Stevenson did not have a lawful pre-existing non-conforming use as a mobile home park. A motion was made by Ruben Salinas to deny A94-001 and to include into the record the City's stipulations that were a part of the judgement from the District Court. The motion was seconded by Willie Walker. All were in favor and the motion passed.