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• • <br />Board of Adjustment Mtg. 9-25-97 <br />A97-003 -Brenda Rogers <br />Page 5 of 5 <br />Finally, the matter of state law must be mentioned. The Board of Adjustment is not <br />empowered to make determinations regarding state law. The only issue being brought <br />before the Board is abandonment of a nonconforming use. <br />CONCLUSION: <br />Based on the information provided, staff finds the following: <br />^ The nonconforming use, under the provisions of Zoning Ordinance Section 4- <br />202.4, has been abandoned. <br />^ The applicant has not proven that the Building Official's assessment is incorrect. <br />^ There is not a reasonable difference of ordinance interpretation involved. <br />• Zoning Ordinance regulations are not unreasonable in regards to this matter. <br />^ Granting the appeal would afford a special privilege to this property. <br />^ Granting the appeal would not be in the best interest of the Zoning Ordinance or <br />the Comprehensive Plan. <br />Based on the facts and considerations listed above,-staff recommends denial of Appeal of <br />the Enforcement Officer's Determination #A97-003. <br />APPEALS: <br />Per Section 11-6 10 of Zoning Ordinance 150 I <br />Any person or persons, jointly or severally, aggrieved by any decision of the Board of <br />Adjustment, or any taxpayer, or any officer, department, board, or bureau of the City of <br />La Porte may present to a court of record a petition for a writ of certiorari, as provided by <br />Vernon's Texas Codes Annotated, Local Government Code, Section 211.011, duly <br />verified, setting forth that such decision is illegal, in whole or in part, specifying the <br />grounds of the illegality. Such petition shall be presented to the court within ten (10) <br />days after the filing of the decision in the office of the Board of Adjustment. <br />