03-28-13 Zoning Board of Adjustment Meeting

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ZBOA 03/28/13 413-95000001 Page 3 of 6 Discussion: It is assumed that the structures along this portion of West Main Street were constructed in accordance with the development standards and ordinances that were in effect at that time. Thereafter, any changes or modifications in City development standards create a situation commonly referred to as "pre- existing, nonconforming". At this time, the applicant is seeking a permit to remodel a substandard structure. The City has determined that the primary structure is substandard and the cost of bringing it into a lawful compliance with the City's Code of Ordinances will exceed 50 percent of the replacement cost of such structure. The facts and considerations are as follows: • 03/08/11 City's receipt of remodel permit application shows a remodel valuation of $5,000. • 03/08/11 Exterior inspection by City staff — preliminary determination of structure obsolescence (per 2011 "Certified" Harris County Appraisal District Improvement Valuation of $41,742) • 03/11/11 Set up 03/17/11 meeting with the owner — discussed issues • 03/17/11 Met with the owner; questioned remodel valuation and raised structure obsolescence issue; owner agreed to weigh demolition verses cost to have engineer review building. • 09/27/11 Survey identifies nonconforming structure locations • 09/28/11 Engineering letter estimates repairs to the front of the primary building to be $25,800 plus additional costs. • 10/07/11 Owner's remodel permit application that reflects an estimated $80,000 for remodel valuation. • 12/13/11 On -site walk-thru of the building • 01/17/12 Report — Restricted Use Appraisal regarding the estimated replacement cost of the primary building between $43,000 and $58,000 (see copy attached). • 02/15/12 Permit application shows remodel valuation $20,000 • 03/02/12 Manning Engineering Corp. letter claims that the building can be repaired for less than 50% of the HCAD listed appraised value. It further claims that first letter dated 09/28/11 was a summary to provide Mr. Diaz a budget number to secure funding and to compare the cost of a first class renovation versus new construction. However, necessary minimum structural repairs can be performed for less than 50% of the appraised value.