02-24-2000 Regular Meeing and Public Hearing

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Zoning Board of Adjustment, . City of La Porte Findings of Fact and Conclusions of Law . Page 2 02/22/00 12. Numerous problems occurred between nearby residents and former tenants of Flamingo Bay in the past. Lakeside promised to rectify these problems with security measures and a proposed neighborhood council. 13. Lakeside purchased Flamingo Bay out of $1,491,842.00 in HOME grant funds. A budget exists in the amount of $800,000.00 for renovation and/or construction of the project. Serious questions exist as to whether the budget is sufficient to alleviate foundation and/or other structural problems, HV AC problems, drainage problems,' environmental problems, and other code compliance problems. 14. Overwhelming testimony from La Porte citizens and nearby residents of the property opposed the project as proposed by Lakeside. The testimony came in oral and/or written form. . 15. The Flamingo Bay renovation is not consistent with the stated goals of the Zoning Ordinance to eliminate non-conformity where existing. 16. Any conclusions of law which may be deemed findings of fact are adopted as part of these findings. CONCLUSIONS OF LAW 1. Clear evidence in the record shows that Flamingo Bay Apartments have been abandoned for a period in excess of 180 consecutive calendar days prior to the application of Lakeside for redevelopment. No substantial evidence of intent regarding abandonment was put forward by the applicant, or could be reasonably inferred from the testimony in front of the Board. The Board concludes that Flamingo Bay Apartments have been abandoned as a matter of law, consistent with Zoning Ordinance provisions relative to abandonment of non-conforming structures, and non-conforming lots of record. The Board concludes that Applicant failed to prove Applicant's intent relative to abandonment of the structures. 2. Section 106-262(h)(2) of the Code of Ordinances of the City of La Porte states: "...(The) use of the non-conforming structure, when abandoned, shall not resume..." 3. As a matter of Law, the use of Flamingo Bay Apartments, which are non-conforming structures as defined under the terms of the Zoning Ordinance of the City of La Porte, shall not resume. 4. Any findings of fact which may be deemed conclusions of law are adopted as part of these conclusions. PASSED AND APPROVED BY THE BOARD OF ADJUSTMENT, CITY OF LA PORTE, TEXAS, FEBRUARY 24, 2000. ZONING BOARD OF ADJUSTMENT, CITY OF LA PORTE, TEXAS By: