Laserfiche WebLink
Staff Report March 28, 2013 <br />Appeal of the Enforcement Officer's Decision <br />#13-95000001 <br />Requested by: Gilbert Diaz, Property owner <br />Business Name: Formerly Speedy Taco & Kings BBQ Restaurants <br />Requested for: Remodeling of a Substandard, Obsolete Non -Conforming Structure <br />Location: 500 W. Main <br />(Blk. 56; Lots 21-23; Town of LaPorte) <br />Zoning: Main Street Overlay District (MSO) <br />Land Use Plan: Commercial <br />Background: The subject property is located in the City's "Old Downtown" area. Most of <br />the structures located on this portion of West Main Street, between <br />North/South Broadway Street and State Highway 146, were typically built <br />without building setbacks from the property lines. Harris County Appraisal <br />District (HCAD) records show this building was constructed in 1955 with an <br />overall building area of 1,479 square feet on a land area of 9,125 square feet. <br />The applicant is appealing the Enforcement Officer's decision to apply <br />Code of Ordinances Sec. 106-262 Nonconforming Structures on a <br />proposed remodel of a substandard structure. Under DIVISION 9 <br />NONCONFORMING BUILDINGS, STRUCTURES AND USES of the <br />Zoning Ordinance, the City has been mandated to review all <br />nonconforming structures, uses, and lots. Section 106-261 states, "the <br />general public, the Planning and Zoning Commission and the Zoning Board <br />of Adjustment have been directed to take note that nonconformities in the <br />use and development of land and buildings are to be avoided, or eliminated <br />where now existing, wherever and whenever possible"... <br />As per City's Code of Ordinances, the property in question currently <br />contains several nonconforming items that include: <br />• Side building setback of 10' adjacent to public right-of-way <br />• Rear building setback of 20' adjacent to alley <br />• Substandard and dilapidated structure <br />