02-24-2005 Regular Meeing and Public Hearing

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• i� September 30, 2004 Mr. Melvin Walker % MRW Group, Inc. 2219 A Underwood LaPorte, TX 77571 CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www.ci.la-r)orte.tx.us Phone: (281) 471-5020 / Fax (281) 471-1868 RE: Letter of September 20, 2004; Received by the City on September 20, 2004. Dear Mr. Walker: This is in response to your referenced letter. The City of La Porte continues to support our position stated in a letter to you, dated September 1, 2004. Section 106-261 of Chapter 106, City Code of Ordinances states in part " The general public, the planning and zoning commission and the board of adjustment are directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and, whenever possible, except when necessary to preserve property rights, specific structures, lots or uses established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the planning and zoning commission and the board of adjustment to assist the city council in achieving this goal by advising the city council of their recommendations thereon." All of the previous points of discussion aside, you, upon your own initiate, appeared before a public hearing and the Planning and Zoning Commission on May 20, 2004, to present your plan to open your restaurant in a conforming status. The Commission, taking you at your word, recommended to City Council that you be allowed to open your restaurant subject to the provisions supplied in your own plan. In turn, the City Council heard your petition and after a public hearing on the same matter, approved your plan on June 14, 2004. What we are requesting at this time is that you simply conform to the provisions you supplied in your plan which convinced both the Commission and the City Council that you agreed to open the business in a conforming status and, thereby, agreeing to the spirit of the Zoning mandate to eliminate non -conformity.