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<br />Staff Report April 27 , 2006 <br />Appeal of Building Official's Decision #A 06-002 <br /> <br />ReQuested by: <br /> <br />ReQuested for: <br /> <br />Back2round: <br /> <br />Andrew J. Mehring, Property owner <br /> <br />628 North Sth Street <br />Lots 3 & 4, Block 331; Town of La Porte <br /> <br />The applicant is appealing the Building Official's Decision to apply Code <br />of Ordinances Division 9, Nonconforming Buildings, Structures, and <br />Uses, Sections 106-261, 106-262 to the existing building at 628 N. Sth <br />Street. The City's 1989 official zoning map, identifies the property in <br />question as General Commercial (GC) zone. Later, the property was rezoned <br />to Business Industrial (BI) in conjunction with the rezoning of nearby <br />property along Barbour's Cut Boulevard and that same zoning classification <br />remains in place. Although the property is zoned Business Industrial, the <br />existing residential building predates the zoning classification. The structure <br />and use are simply identified as "pre-existing, non-conforming" and this use <br />may continue as long as the building and use are not abandoned. <br /> <br />The current owner purchased the property in May, 200S. Total land area is <br />6,2S0 sq. ft. (0.143 ac.) with a one story frame building and living area of <br />1,104 sq. ft. As per HCAD, the present structure was built in 19S5. On <br />11-16-0S, the City official identified roof work being performed without a <br />City permit. The applicant was informed of a zoning issue for this <br />property. As the property is zoned business industrial, single-family <br />residential is not permitted. <br /> <br />The City records show that 628 North Sth Street was not in use from October, <br />2001 to November, 200S. This nonuse was in excess of 180 days. The <br />City's Zoning Ordinance Section 106-262(h) (1) states: "A non-conforming <br />use shall be deemed abandoned when the use ceases to be used for the non- <br />conformity for a period of 180 consecutive calendar days. The non- <br />conforming use, when abandoned, shall not resume." The abandonment <br />determination is based on the following: <br /> <br />a) The Electric Company record shows no meter or an account on this <br />address. Normally, the account ceases after six months of inactivity. <br /> <br />b) The City's Water Department record shows the water service terminated <br />from 10-16-2001 until latest request on 11-09-200S. <br /> <br />;:,vH,"~'Rll 1:....1 <br />~.flI,_.R....... iJ. .r... <br />