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<br />Zoning Board of Adjustment <br />Minutes of May 22, 2008 <br />Page 2 of 3 <br /> <br />Motion by Bob Capen to grant Variance #V08-003 allowing a fence to be located within 10" from <br />the front property line at 615 State Highway 146. Second by Gilbert Montemayor. The motion <br />carried. <br /> <br />Ayes: <br />Nays: <br />Abstain: <br /> <br />Maltsberger, Capen, Montemayer, and McNeal <br />None <br />None <br /> <br />Assistant City Attorney, Clark Askins read aloud from Section 106-196 of the Code of <br />Ordinances, which addresses Appeals. <br /> <br />4. CONSIDER NONCONFORMING USE REQUEST #NCU08-001 FOR THE PROPERTY <br />LOCATED AT 3337 CANADA ROAD, FURTHER DESCRIBED BY THE HARRIS COUNTY <br />APPRAISAL DISTRICT AS TRS 692 AND 693, LA PORTE OUTLOTS, W.M. JONES SURVEY, <br />ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS. STUART ROSEN, ON BEHALF OF <br />TEXAS CARGOWAYS, LLC, PROPERTY OWNER, SEEKS APPROVAL TO EXPAND A <br />PARKING LOT AND ADDITIONAL IMPROVEMENTS TO THE PROPERTY. THIS REQUEST <br />IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-263 OF THE CODE OF <br />ORDINANCES. <br /> <br />A. STAFF PRESENTATION <br /> <br />Masood Malik presented Staff's Report. The applicant, Mr. Stuart Rosen, on behalf of <br />Texas Cargoways, LLC has filed a nonconforming use request seeking approval to <br />expand the parking lot at 3337 Canada Road. <br /> <br />Eight property owners located within 200' of the subject tract were mailed public hearing <br />notices. The City did not receive any responses from the mail-out. <br /> <br />B. PROPONENTS <br /> <br />Chairman Maltsberger swore in Mr. John Deboben, 2508 Swift, Houston, TX. He spoke <br />about the new tenant and the value to the City to bring them here. They need a first <br />class warehouse and the proposed improvements would be of mutual benefit. <br /> <br />Chairman Maltsberger swore in Stuart Rosen, Mustang Rd., Brenham, TX. <br />Mr. Rosen, representing AGCO Corporation, spoke of the building being a tired, old <br />structure. The requested improvements would visually enhance the property. <br /> <br />C. OPPONENTS <br /> <br />There was no opposition presented. <br /> <br />Board members wanted assurance that improvements that were discussed would be done. John <br />Deboben offered to put the proposed improvements in writing. <br /> <br />Motion by Bob Capen to approve NCU #08-001 for the property located at 3337 Canada Road for <br />the expansion of a structure occupied by a non-conforming use by enlargement of the parking lot <br />on the subject property, subject to the development site plan being submitted to the Planning <br />Department and approved, which shall include but not be limited to the following conditions: <br /> <br />1. Expand/enlarge parking area <br />2. Repave parking area to control dust <br />