10-28-99 Regular Meeing and Public Hearing

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Staff Report January 27, 2000 Nonconforming Structure, and Lot of Record NCS 2000-001 Requested by: Lakeside Center, Inc., Paul F. Case, Executive Director Requested for: Occupation of Abandoned, Nonconforming Structures and Lot of Record Background: The current zoning designation for this property is R 3 which is appropriate for multi -family development. The issue at hand is the occupation of abandoned, nonconforming structures and lot of record. Section 106-261 of the City's zoning code states that the general public,, the Planning and Zoning Commission and the Zoning Board of Adjustment have been directed to take note that no es in the- use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible. Section 106-268 regarding nonconforming lots of record states that no new use or change in occupancy may be undertaken on nonconforming lots of record, unless said change in use or occupancy is first submitted to the Planning Director for review. The Planning Director shall review said proposed change in use or occupancy, for purposes of insuring maximum compliance with zoning regulations, taking into account the particular restraints imposed by the degree of nonconformity. The Director's review shall include, but not be limited to parking, loading, vehicular access, landscaping, setbacks, utility availability, and other requirements as imposed by zoning and development regulations. Decisions of the Planning Director pursuant to these provisions are subject to appeal to the Board of Adjustment The multi -family apartment complex located at 200 Garfield just off S. Broadway was constructed in the mid-60s. Over the years, these apartments have been operated under the names of Kings Bay, Queens Bay, Flamingo Bay, and most recently Little Cedar Bayou Manor. This apartment complex was occupied until July, 1997,. at which time utility service was discontinued because of non-payment of several thousand dollars of utility fees. There have been some problems associated with this apartment complex in the past City of La Porte Police records indicate that from the period January 1, 1993 to July, 1997, hundreds of calls were made to this location to deal with different situations. Interviews with locaf residents reveal that parking on Garfield and Forest created traffic and pedestrian safety concerns. Also, a combination of no security fencing and a lack of on -site recreational