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ZBOA <br />03/28/13 <br />413-95000001 <br />Page 4 of 6 <br />Analysis: <br />In addition, the City requested an appraisal for the purpose of estimating its <br />replacement cost. Chris Chuoke of R.C. Chuoke & Associates, Inc., <br />maintains the highest level of credentials the State of Texas offers for <br />certified appraisers. Per appraisal report dated January 17, 2012, the <br />estimated Replacement Cost of the subject property improvements after <br />depreciation estimates was between $43,000 and $58,000. <br />In describing the action of appeal, the Code of Ordinances states: In exercising <br />the powers set forth in Section 106-88, the Board of Adjustment may, in <br />conformity with the provisions of this chapter, reverse or affirm, wholly or <br />partly, or may modify the order, requirement, decision, or determination as <br />ought to be made, and to that end shall have all the powers of the enforcement <br />officer from whom the appeal is taken. The Board must find the following in <br />order to grant an appeal. <br />a) That there is a reasonable difference of interpretation as to the specific <br />intent of the zoning regulations or zoning map, provided the interpretation of <br />the enforcement officer is a reasonable presumption and the zoning <br />ordinance is unreasonable. <br />Current regulations are written in a clear manner which allows the <br />enforcement officer to understand the intent of City Council as it relates to <br />the nonconforming structure. This regulation has been in effect since the <br />January 26, 1987 adoption of Zoning Ordinance 41501 and the regulation <br />has not been proven to be "unreasonable". <br />No reasonable difference exists regarding the interpretation of the Zoning <br />Ordinance intent. The renovation/remodeling of existing building clearly <br />is classified as `Obsolescence of Structure' that should proceed under Sec. <br />106-262(d). Remedies exist for the property owner therefore the zoning <br />ordinance cannot be construed as unreasonable. <br />b) That the resulting interpretation will not grant a special privilege to one <br />property inconsistent with other properties or uses similarly situated. <br />Current regulations are written in a clear manner that enables individuals <br />to understand City Council's intent. This enables Staff to provide the <br />information to others and be consistent in the enforcement of this <br />