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

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Members Present: Members Absent: City Staff Present: 1. CALL TO ORDER. ZONING BOARD OF ADJUSTMENT MINUTES OF FEBRUARY 24, 2005 Sidney Grant, Bob Capen, Charles Schoppe, Rod Rothermel, Alternate NO.1 Lawrence McNeal, and Alternate No.2 Gilbert Montemayor George Maltsberger Wayne Sabo, Planning Director; John Armstrong, Assistant City Attorney; and Peggy Lee, Planning & Zoning Commission Secretary Chairperson Sidney Grant called the meeting to order at 6:00 p.m. 2. APPROVE MINUTES OF THE NOVEMBER 23, 2004, MEETING. Minutes of the meeting were approved as presented. 3. CONSIDER APPEAL OF THE ENFORCEMENT OFFICER'S DECISION #A05-001, REQUESTED FOR THE PROPERTY LOCATED AT 2219 UNDERWOOD ROAD. THE APPLICANT SEEKS TO APPLY CODE OF ORDINANCES SECTIONS 106-261, 106-262 "NONCONFORMING STRUCTURES" TO THE EXISTING BUILDING. THE APPEAL IS BEING MADE UNDER THE TERMS OF SECTION 106-89(3) OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE. A. STAFF PRESENTATION Wayne Saba, Planning Director, presented the information outlined in staffs report. He reviewed the background information relevant to Mr. Melvin Walker's appeal request. Mr. Walker is the tenant of the building in question and the owner is C&C Grocery. Mr. Sabo responded to questions from the Board pertaining to availability of adequate permanent parking and approval from adjacent property owner to utilize ingress/egress. Chairperson Grant asked Mr. Sabo to summarize the applicant's request. Mr. Sabo responded that the applicant would like to open the restaurant as a non-conforming, pre- existing use, since the building existed in 1982. However, the City contends that the non- conforming use was abandoned in excess of 180 days and that the use cannot be reverted to non-conforming status, after the building was opened in conformance in 1999. B. PROPONENTS Chairperson Grant swore in Melvin Walker, owner of Texas Grill. Mr. Walker noted the following: . Structure built in 1982 by Ellis Ebarb, permitted and inspected by City of La Porte, not City of Lomax. No parking space requirements for building when opened in December 1982. Subsequently, when gas tanks and pumps were removed, approximately 50' across front of property was lost. Statement by City that property was not in use from August 28, 1988 incorrect. Restaurant not in use from 1986 until he began work on it in 1998. Restaurant still had same equipment as when sold. . . .