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r <br />• Page -2- <br /> <br />On August 18, 1988, Mrs. Claus once again applied for a <br />building permit for reconstruction of her carport (See Exhibit <br />F). This permit was denied by City Building Official Ervin <br />Griffith. <br />On August 29, 1988, Mrs. Claus filed an appeal of Mr. <br />Griffith's decision. <br />The Board of Adjustment held a public hearing on Mrs. Claus' <br />request on (November 11, 1988. Based on the testimony given, the <br />request was denied. <br />On May 30, 1990, Mrs. Claus once again applied for a <br />building permit for reconstruction of her carport (See Exhibit <br />G). This permit was denied by City Building Official, Ervin J. <br />Griffith. Mr. Griffiths' decision to deny the building permit is <br />being appealed with this request. <br />Analysis: <br />As indicated on Exhibit A, Mrs. Claus' house was built on <br />the twenty five foot (25) foot front building line mandated by <br />City Ordinance. The carport indicated on the exhibit was non- <br />conforming due to the face ghat it extended beyond this line. <br />(Exhibit A was prepared from an aerial photograph taken in 1980, <br />prior to Hurricane Alicia). <br />Section 4-201(3) of City Zoning ordinance states that a non- <br />conforming structure damaged in excess of fifty percent (50~) of <br />its value may not be reconstructed except by a special exception, <br />to be granted by the Zoning Board of Adjustment. Section 9- <br />201(3) also states that a determination of the degree of <br />destruction shall be determined by a licensed appraiser with the <br />property owner having the burden of proving (as per Section 4-201 <br />(4)) that the structure has not been damaged in excess of fifty <br />percent (50$). <br />Section 4-201(7) states that a non-conforming structure if <br />abandoned for a period of one hundred eighty (180) or more days <br />loses its right to continue. In Staff's opinion, failure to make <br />application to rebuild a damaged non-conforming structure within <br />one hundred eighty (180) days constitutes abandonment. <br />As noted in the background section of <br />application for reconstruction of this <br />within the one (1) year period following <br />applicant, by failure to make applicani <br />forfeited her right (under Ordinance No. <br />structure. <br />this report, no permit <br />carport was submitted <br />its destruction. The <br />~n within this period, <br />780) to rebuild this <br />