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

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Board of Adjustment 6/28/07 - #A 07-001 ".Page 3 of 3 Conclusion: Appeals: c) The decision of the Board must be in the best interest of the community and consistent with the spirit and interest of the City's Zoning Laws and the Comprehensive Plan of the City. Staff believes it would conflict with the intent of the regulation and would not be in the best interest of the community or be consistent with the spirit of the City's Zoning Ordinance. The property owner has stated that the upstairs area has only been used for storage since its purchase in 2005. However, no City or utility company records of a second address or utility accounts were found to establish a previous use. The Board may grant permission to issue a permit for repair the garage, but not for remodeling the abandoned garage apartment, a pre-existing, nonconforming use. The general intent and purpose behind the Zoning Ordinance is to promote public health, safety, and welfare. The enforcement officer's decision in this case would be in the best interest of the community and would be consistent with the spirit and interest of the City's Zoning Laws and the Comprehensive Plan of the City. Based on the facts and considerations noted in this report, Staff feels the enforcement officer's decision is correct. In addition, this nonconforming use is deemed abandoned and may not resume as per Section 106-262(h) of the Code of Ordinances. If the Board chooses to grant #A07-001, this action would allow the applicant to proceed with the proposed repair/remodel as follows: . Repair existing garage. . Remodel the abandoned garage apartment upstairs. As per Section 106-196 of the Code of Ordinances of the City of La Porte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds ofthe illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment.