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

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applicable City regulations, will require screening and or landscaping of the parking lot and shall be approved only after review of a certified site plan, 3) Lease agreements, duly approved by the City Attorney, shall be filed with the City Secretary, 4) A certificate of occupancy, renewable annually, shall be required, 5) The developer shall comply with all applicable laws and ordinances of the City and State of Texas. 16. A valid, signed lease/purchase agreement for the permanent parking site, in accordance with Item # 3 of SCUP #04-009 and as requested by Council was never received by the City. 17. Pending the completion of requirements of SCUP #04-009, the Final Clearance and Zoning Permit for Texas Grill were withheld on July 9, 2004. 18. Texas Grill opened illegally on July 10,2004 and was later cited by the City of La Porte. 19. During the Public Hearing, Mr. Walker testified that a certificate of occupancy (CO) had been issued to the Texas Grill by the City. Not mentioned, however, was that the CO, issued on July 14,2004, was for off-site catering only. 20. On July 15, 2004, Mr. Walker, in a letter to the City, stated his case for the Texas Grill retaining its pre-existing, non-conforming status and therefore not needing a zoning permit or to comply with zoning regulations. 21. On January 12,2005, Mr. Walker filed an appeal to the Zoning Board of Adjustment and the issue was heard on February 24,2005, after compliance with all noticing requirements by the City of La Porte. 22. On February 24, 2005, appeal number A05-001 was denied by unanimous vote. 23. Any conclusions of law which may be deemed findings of fact are adopted as part of these [mdings. CONCLUSIONS OF LAW 1. Application procedures for appeals to the zoning board of adjustment are by, or on behalf of the property owner. Mr. Walker's appeal, by testimony, was not supported by the property owner. 2. Section 106-89. Appeals to the board of adjustment states: "such appeal shall be taken within 30 days as provided by the rules of procedure of the board of adjustment by filing with the enforcement officer from whom the appeal is taken specifying the grounds thereof." Mr. Walker first notified the city of his grievance on July 15,2004. The application was not filed until January 12, 2005; almost six months after the grievance was identified. Furthermore, the board was asked to take actions on an enforcement officer's decision that occurred in 1999. 3. Section 106-262(h)(1). Abandonment of nonconforming use or structure states: "a nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days." On two occasions, the Texas grill was closed far in excess of the requisite period. 4. Section 106-263 (b). Changing a nonconforming use states: "any nonconforming use or structure may be changed to a use conforming to the regulations established in this chapter for the district in which the nonconforming use or structure is located...a nonconforming use or structure so changed shall not thereafter be returned to a nonconforming use or structure." The Texas grill opened on September 30, 1999, in a conforming status, therefore denying its use in a nonconforming manner thereafter.