04-27-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Zoning Board of Adjustment Minutes of April 27, 2006 Page 2 Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of Ordinances, which addresses Appeals. 4. CONSIDER APPEAL OF THE BUILDING OFFICIAL'S DECISION #A06-002 FOR PROPERTY LOCATED AT 628 N. 5TH STREET, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS LOTS 3 AND 4, BLOCK 331, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS APPROVAL TO REINSTATE THE RESIDENTIAL USE OF AN ABANDONED NONCONFORMING STRUCTURE PROHIBITED PER SECTION 106-262 (H)(1) OF THE CODE OF ORDINANCES. THIS APPEAL IS BEING MADE UNDER THE PROVISIONS OF SECTION 106-89 OF THE CITY'S CODE OF ORDINANCES. A. STAFF PRESENTATION Mr, Sabo presented Staff's Report, The applicant, Andrew Mehring, has appealed the Building Official's decision to apply Code of Ordinances Division 9, Nonconforming Buildings, Structures, and Uses, Sections 106-261, 106-262 to the existing building at 628 N, 5th Street. The property is currently zoned Business Industrial. As a pre-existing nonconforming structure abandoned in excess of 180 days, the nonconformity ceases and is not allowed to resume, B. PROPONENTS Vice-Chairman Maltsberger swore in Andy Mehring, of 911 Ridgefield Lane, Houston, Texas. Mr. Mehring purchased the property June 6, 2005, and had plans to rehabilitate it. He had the house re-Ieveled and the wiring and plumbing need updating. On November 8, 2005, he had water turned on at the property, not the house. On November 16, 2005, he was made aware of the property's nonconforming status. Mr. Mehring intends to lease the property or reside there himself. His investment is approximately $20,000. C. OPPONENTS There were none. Motion by Rod Rothermel to sustain the Building Official's decision to not allow reinstatement of the residential use of the abandoned nonconforming structure located at 628 N. 5th Street. Second by Charles Schoppe, The motion carried. Ayes: Nays: Abstain: Maltsberger, Montemayor, Rothermel, and Schoppe Capen Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of Ordinances, which addresses Appeals, 5. ADMINISTRATIVE REPORTS Mr, Sabo reported a training session is being organized for the Board Members. 6. BOARD COMMENTS There were no comments from the Board. 7. ADJOURN Vice Chairman Maltsberger adjourned the meeting at 6:45 PM.