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

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Zoning Board of Adjustment Minutes of February 24, 2005 Page 2 · Issue with Special Conditional Use Permit #SCU99-01: Met with Debbie Wilmore and Fire Marshal in March 1999 to discuss plans; building permit was issued. Contacted by Masood Malik approximately 4-5 months later to discuss off-site parking problem and need for special conditional use permit. Met the following day with Mr. Malik, Ms. Wilmore, and Doug Kneupper; was told he must apply for permit that day or not be able to open restaurant. He applied for permit and purchased a copy of the Zoning Ordinance. After reviewing, spoke with Mr. Malik a few days later to inquire about the non-conforming section and was told it did not apply to him. The restaurant eventually opened. · Moved out of restaurant in September 1999 surrounding lawsuit filed against owner, Mr. Abusada, but retained control of parking space. Approximately 2-3 months later, parking lease with David Schoolcraft was terminated when lienholder, Ms. Barbara Champion, foreclosed on property. · Building was not utilized from November 2000 until work began again in 2004. · Building was non-conforming and should have remained as such. Once determined that building use has been abandoned, Ordinance requires City to send written certified notice to property owner allowing filing of appeal. · Met with Wayne in 2004, was told again he would need to apply for special conditional use permit for parking. Parking spaces on south side meet city requirements. · Occupancy permit issued July 14, 2004. 4-5 days after opening, was notified by Fire Marshal that parking lease was incomplete. · City did not inform him of his rights as a property owner, nor was he notified of non-conforming use status. · Mr. Walker owns 25' strip of property behind the building and owns outright a total of 34 parking spaces. · Has a lease to purchase agreement with Mr. Abusada. Expects to close by the end of the month. · Has verbal agreement to access parking; has perceived right-of-way. Chairperson Grant asked Mr. Armstrong to summarize affected ordinance requirements. Mr. Armstrong responded his office was asked to review the lease agreement. An approved lease agreement was a condition of the most recent special conditional use permit. His office reviewed the agreement, but it was not approved. He added that Mr. Walker's testimony indicated abandonment occurred well over 180 days and it appears there is no valid parking. He explained how the City is unable to grant use variances. Mr. Walker referred to Ordinance Section 106-146 regarding application for zoning permit for non-conforming lots, uses and structures. Mr. Walker referred to Ordinance Section 106-262(g)(3) regarding notification of property owner. He had submitted an open record's request to the City for documentation of such notification, but none was found. He requested the non-conforming status be re-instated as should have been in 1999. C. OPPONENTS Chairperson Grant swore in Mr. Abusada, landlord of the property in question. Mr. Abusada leased the building to Mr. Walker on two occasions. First in 1998, but had to evict him for non-payment and again leased to him in 2003. Mr. Walker told him he could open the restaurant without the parking area, but would be getting a lease with Ms. Champion. Mr. Abusada reported that Mr. Walker has only paid him rent for a couple months during the past two years. Mr. Abusada no longer considers Mr. Walker for lease or purchase. Each time he tries to have him evicted, Mr. Walker applies for bankruptcy.