05-24-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report June 28, 2007 Appeal of Enforcement Officer's Decision #A07-001 Applicant: Phillip Hoot, Property Owner Location: 418 S. Virgina Street Le2al description: Lots 17-19, Block 224, San Jacinto Homes, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Present zonin2: Low-Density Residential (R-l) Land Use Map: Residential Back2round: The applicant is appealing the Enforcement Officer's Decision to apply Code of Ordinances Section 106- 262(h), to the existing substandard structure located at 418 South Virginia Street. Harris County Appraisal District (HCAD) records show the property was purchased in April, 2005 and identify a primary residence (1,084 sq.ft) and a secondary structure (484 sq. ft.) as a garage below with a 3-room structure above. The residence is shown as "fair" condition and the "garage" as poor condition with both having been built in 1948. Improvements for year 2006 were valued at $39,235 and current values are "pending" . Previously, the applicant submitted a building permit to remodel the upstairs portion of the garage as a garage apartment, which was denied based on the "pre-existing, nonconforming use and/or structure" and is currently abandoned. The property is zoned Low Density Residential (R-l) and is intended for a single-family dwelling. Section 106- 238 of the Code of Ordinances allows one principal building per lot. In this case, it means only one single-family dwelling shall be allowed. In addition, our research shows only one address and one set of utilities serving this property. Sect. 106-261 is the beginning of the "nonconforming" section in the Zoning Ordinance and the opening paragraph provides guidance regarding the intent of these regulations. "The general public, the Planning and Zoning Commission and the Zoning Board of Adjustment have been directed to take note that nonconformities in the use, development of land, and buildings are to be avoided where now existing, wherever, and whenever possible ". Staffs responsibilities are to recognize nonconforming uses and/or structures so that they may be addressed properly. Here, the past use of the upstairs garage area for "dwelling purposes" has been identified as "pre-existing, nonconforming use and/or structure", and abandoned. A nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The nonconforming use, when abandoned, shall NOT resume. In accordance with the Section 106-262(h)(3) of the Code of Ordinances, a letter was served as notification of the abandoned nonconforming use.