02-24-2005 Regular Meeing and Public Hearing

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r • CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www.a.la-aortelcus Phone: (281) 471-5020 / Fax (281) 471-1868 September 1, 2004 Mr. Melvin Walker % MRW Group, Inc. 2219 A Underwood LaPorte, TX 77571 RE: Letter of August 31, 2004; Received by the City on September 01, 2004. Dear Mr. Walker: This letter is in response to your letter dated August 31 '2004. We wish to provide clarity and simplify the situation. There are only'two issues that need to be addressed. The discussion of the abandonment of structures or use adds confusion to the current situation. The first issue deals with the need for a zoning permit. Sections 106-442, 106-143 and 106- 144 of the City's Code of Ordinances all address the need for a zoning permit. New structures,. the use of existing buildings and the change in use or occupancy all require the issuance of a zoning permit. The issuance of this permit requires staff to review the site for compliance with current city regulations. That review identified a deficiency in required on - site parking. The second issue is the required on -site parking mentioned above.' In accordance with zoning regulations, minimum required parking requirements vary based on different uses. Due to the nature of the business, a restaurant use requires' a large number of on -site - spaces. Unfortunately, the site in question has "limited on -site parking". To satisfy this deficiency, an individual is required to obtain a Special Conditional Use Permit for the use of "leased off -site parking". As you recall the same situation was addressed in 1999 when you wished to open a restaurant (That Place) at this same location. At that time, your restaurant was to occupy only one-half of the building in question. You made application and appeared before the Planning & Zoning Commission and City Council to obtain the required Special Conditional Use Permit (SCUP#99-001) for the use of leased off -site parking: In addition, Council required the certificate of occupancy to be renewed annually to ensure the required off -site parking remained available to that business.