02-24-05 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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CITY OF LA PORTE, TEXAS ZONING BOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS OF LAW AS-OOl FEBRUARY 24, 2005 Upon conclusion of the public hearing of the above-referenced cause, held on February 24, 2005, at 6:00 p.m. at La Porte City Hall, 604 West Fairmont Parkway, during which witnesses were called and testified, subsequent to be placed under oath, the Zoning Board of Adjustment of the City of La Porte, Texas, meeting in duly called open session at La Porte City Hall, makes the following findings of fact and conclusions of law: FINDINGS OF FACT 1. The owner of the property is Mr. Mahmoud Abusada (DBA: C&C Grocery). 2. The property in question is located at 2219 Underwood Road, La Porte Texas. 3. The applicant is Mr. Melvin Walker, tenant (DBA: Texas Grill). 4. Disclosed during the Public Hearing and stated by Mr. Abusada, Mr. Melvin Walker does not represent the property owner in this matter. 5. The building in question was constructed in 1982 and opened as C&C Grocery and Restaurant. 6. The building predates Zoning Ordinance 1501 of the City La Porte and was a pre-existing, non-conforming structure in terms of the parking requirements of that ordinance. 7. Disclosed during the Public Hearing by Mr. Walker, the Grocery and Restaurant closed in 1986 and remained closed until September 30, 1999. The non-use was in excess of the 180 days stipulated and defmed in Section 106-262 (h)(1) City of La Porte Code of Ordinances. 8. City recorded Zoning Permits verify that 2219 Underwood #B (Restaurant) was not in use From August 28, 1998 until September 30, 1999. 9. Mr. Walker sought to re-open the Restaurant under the name of Texas Grill in 1999. 10. While the use and structure of Texas Grill were permitted under the zoning regulations, the loss of property as a result of a road expansion eliminated sufficient parking spaces for the location to comply with parking requirements. 11. Mr. Walker secured additional parking through a lease agreement on adjacent property, and the Texas Grill Restaurant re-opened in a "conforming" status on September 30, 1999, under the provisions of a Special Conditional Use Permit (SCUP) #99-001 approved by the City Council of the City of La Porte. 12. Due to legal conflicts between the land owner and the tenant, Texas Grill was forced to close in December 2000. The non-use period remained in effect until April 12, 2004, when the Texas Grill was again issued a zoning permit to open in a conforming status as a "Catering Only" facility. This non-use was in excess of 180 days as stipulated and defined in Section 106-262 (h)(1) City of La Porte Code of Ordinances. 13. Mr. Walker, in 2003, began to remodel the restaurant and expanded the use from one half of the building to its entire 4000 S.F. thereby impacting the parking requirement. 14. Mr. Walker, at his own request, appeared before the Planning and Zoning Commission, and the City Council for SCUP #04-009 which was approved on June 14,2004, to reopen Texas Grill as a dine-in facility conforming to the zoning ordinance. 15. SCUP #04-009 had the following conditions: 1) Leased off-site parking limited for a period of six months, 2) Proposed permanent site for off site parking will be in compliance with all