03-23-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Board of Adjustment 04/27/06 - #A 06-002 Analvsis: If a building or facility is constructed in accordance with the development standards, ordinances or policies that are in effect at that time, any changes or modifications in the City's development standards would create a situation commonly referred to as "pre-existing nonconforming". Section 106-262 of the City's Code of Ordinances addresses non-conforming structures. In this case, paragraph (h) would apply because the structure has been abandoned longer than the 180 consecutive calendar days. In accordance with the Section 106-262(h)(3), the applicant has been notified of the non-conforming aspects and abandonment of this particular property via certified mail. It is further added that the owner seeking to maintain such nonconforming use or structure may appeal the decision to the board. It is the responsibility of the owner to provide proof to the board that the structure or use has not been abandoned for a period of 180 consecutive calendar days and the abandonment was not intentional. The applicant's contention is that the property was not abandoned for 180 days under his ownership. In addition, the size of the lot limits the type of business/activities permitted for this particular property in the business industrial zone. Staff has discussed the regulations and informed that a denied permit may initiate the appeal process for consideration by the Zoning Board of Adjustment. Therefore, he has chosen to make use of the appeal avenue and his appeal application precedes this report. The applicant is requesting he be allowed to continue the use of this non-conforming structure/use because his intention for purchasing this property was to remodel the house and lease it. Staff has found no record of a document that previously granted permission for any remodeling, renovation or improvement of this property. In describing the action of appeal, the Code of Ordinances states: In exercising the powers set forth in Section 106-88, the Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. The Board must find the following in order to grant an appeal. a) That there is a reasonable diffirence of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interpretation of the enforcement officer is a reasonable presumption and the zoning ordinance is unreasonable.