05-10-1990 Public Hearing and Regular Meeting

Browse Search

i Request: • APPEAL OF ENFORCEMENT OFFICER'S DECISION #A90-003 Requested For: 808 South 2nd Street (See Exhibit A) Leqal Description: Lots 24-26; Block 54; La Porte Tract Zoninq Classification: R-1, low Density Residential Requested By: Backctround Mrs. Delia Claus 808 South 2nd Street is a single family home located in an R-1 Zone. There was a front yard carport on the property, for several years prior to Hurricane Alicia. The hurricane, in 1983, damaged the top section of the carport. The upright poles are the only portion of the carport still remaining. At the time of the hurricane, the City's zoning regulations were governed by Ordinance No. 780. Ordinance No. 780 in Sections 11-103(4) and 11-105 made provisions for replacement of 'a destroyed non-conforming use if reconstruction was completed within one (1) year of destruction (See Exhibit B). No permit applications were filed within the one (1) year period following the hurricane. On July 6, 1987 (after the adoption of Zoning Ordinance No. 1501), Mr. Claus applied for a building permit to rebuild the carport (See Exhibit C). This permit was denied by the Building Official, David Paulissen. After having their permit denied, the applicants contacted the City Manager's Office. City Manager, Bob Herrera replied in a letter dated July 10, 1987 (See Exhibit D). In this letter, Mr. Herrera advised the Clauses of their right to appeal the Building Official's denial before the Zoning Board of Adjustment, if the appeal was requested within thirty (30) days of the permit denial. No appeal was filed. Following the expiration of the thirty (30) day appeal period, Mr. Paulissen was again contacted by Mrs. Claus. he replied by letter. This letter, dated August 2.0, 1988, advised Mrs. Claus of her right to request a variance to allow the reconstruction of her carport (See Exhibit B). No variance request was filed.