12-05-1996 Public Hearing and Special Called Meeting

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• • Staff Report January 09, 1997 Appeal of the Enforcement Officer's Decision #A97-001 Requested BX: Bill & Dorothy Stevens, property owners Requested For: The request is for 2757 Old Highway 146 (So. Broadway), which is further described; by the Harris County Appraisal District, as Tracts 18B and 18F, Crescent View. An azea map is enclosed for reference. (See Exhibit A) ZOning (R-3) High-Density Residential Purpose of Request• The applicant is appealing the decision of the Enforcement Officer to deny a building permit for coirverting a Small Engine Repair business to a Beauty Salon in aHigh-Density (R-3) Zone. The permit was denied under the provisions of Sect. 4-202, which does not allow changing a non-conforming use to a use that does not conform to regulations for that zone. Background• The property in question has two (2) structures which have been located on this property for approximately twenty plus yeazs. These buildings have been used commercially for all of those yeazs. The types of businesses occupying these structures have been a bar, automotive repair and small engine repair. The Warranty Deed is attached for further reference. (See Exhibit B) The applicant sought to have the property rezoned to neighborhood commercial for the. purpose of opening and beauty shop in one of the buildings. The applicants have stated that the best option for them would be a rezoning of the property. However, considerable neighborhood opposition has led the applicant to withdraw their rezoning request. The primary neighborhood concern centers azound "SPOT ZONING" which, if proven, may jeopardize ~ the city's comprehensive plan and or integrity of the zoning ordinance. The comprehensive plan and zoning ordinance call for the elimination and or amelioration of non-conformities. Staff suggests that a property change that is less intensive could be considered an amelioration of the non-conformity. Therefore, a Standard Industrial Classification as determined by staff and approved by the board to be less intense would in effect move this non- conformity in the direction of conformance or amelioration of the non-conformity.