03-28-13 Zoning Board of Adjustment Meeting

Browse Search

ZBOA 03/28/13 413-95000001 Page 5 of 6 Conclusion: regulation. This consistency in the enforcement of the regulation ensures no "special privilege" to any one property. The zoning ordinance objective is to eliminate and/or ameliorate nonconformities. Typically, eliminating nonconformities is addressed when property owners decide to develop, renovate or remodel their properties. Granting this request would indeed grant a special privilege to this property owner. c) The decision of the Board must be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws and the comprehensive plan of the city. Staff believes reoccupying an unsafe structure would conflict with the intent of the regulation and would not be in the best interest of the community or be consistent with the spirit of the City's Zoning Ordinance. While the property owner has presented an estimated cost to renovate the building, which is alleged to be less than 50% of the appraised value ($41,742 Improvement value per HCAD), the Board may not grant permission to issue a permit for remodeling a nonconforming and obsolescence of structure unless the owner is able to prove that it can reasonably be done for that cost. The general intent and purpose behind the zoning ordinance is to promote public health, safety, and welfare. This is accomplished by providing a safe transportation system, providing sufficient open spaces and landscaped areas, and preventing the overcrowding of land as well as ensuring stable structures. The zoning ordinance clearly provides for these items. Upholding the enforcement officer's decision in this case would certainly be in the best interest of the community and would be consistent with the spirit and interest of the City's Code of Ordinances. Based on the facts and considerations noted in this report, Staff feels the enforcement officer's decision is correct. Staff recommends that the Board deny this appeal and uphold the ordinance provisions found in Sections 106-261 and 106-262 of the City's Code of Ordinances.