HomeMy WebLinkAboutAPPEAL OF EOD GILBERT DIAZ 500 W MAIN ST_13-95000001r
Zoning Board of Adjustment Meeting Date: 3- C2 k-13
Public Hearing Items
Submittal Deadline:
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Public Notice Deadlines:
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Posting at City Hall
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S:\City Planning Share\Boards & Commissions\Board of Adjustment\Forms\ZBOA Meeting Folder Form.doc
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Date Received
a-ly-13
51 Malik, Masood
From:
Tietjens, Tim
Sent:
Monday, March 18, 2013 1:52 PM
To:
Malik, Masood
Cc:
Fogarty, Patrice
Subject:
RE: TABC
OK, then since we don't have the 1000 foot rule in our ordinance, it apparently does not apply to this situation. But it is
good to have the info if asked.
Thanks for the follow up.
From: Malik, Masood
Sent: Monday, March 18, 2013 1:44 PM
To: Tietjens, Tim
Cc: Fogarty, Patrice
Subject: TABC
1. Following is a ref. from TABC rules & regulations:
2. How faraway does a location that sells alcohol need to be from a church or school? How is that distance measured?
The state statute permits city councils or county commissioners courts to adopt a local ordinance prohibiting the sale of alcoholic
beverages within 300 feet of a public or private school, church and/or public hospital. The distance from a school can be
increased to 1000 feet under certain circumstances. [Section 109.33]
Generally, based on 109.33(b), distances from schools are measured in a straight line from property line to property line and in a
direct line across intersections.
The law requires that the distance from a church or hospital be measured from front door of the proposed establishment to the
street front. If on the same side of the street, measurement continues along the along street frontage to a point perpendicular to
the front door of the church or hospital, and then from the street frontage to the front door of the church or hospital. If a street
has to be crossed, then measurement continues from the street front point that is perpendicular to the front door of the the
establishment to the nearest intersection, across that intersection in a straight line and then back along the street frontage to a
point perpendicular to the front door of the church or hospital and then from that point to the church or hospital's front door.
Cities and counties can also adopt ordinances requiring a 300-foot distance between certain types of permits and day-care
centers or child-care facilities, [section 109.3311
Cities and counties are not required to have these ordinances (the statute is merely permissive) and are free to grant variances
as they see fit.
C,
§ 109.33. SALES NEAR SCHOOL, CHURCH, OR HOSPITAL. (a)
The commissioners court of a county may enact regulations
applicable in areas in the county outside an incorporated city or
town, and the governing board of an incorporated city or town may
enact regulations applicable in the city or town, prohibiting the
sale of alcoholic beverages by a dealer whose place of business is
within:
public hospital;
(1) 300 feet of a church, public or private school, or
(2) 1,000 feet of a public school, if the
commissioners court or the governing body receives a request from
the board of trustees of a school district under Section 38.007,
Education Code; or
(3) 1,000 feet of a private school if the
commissioners court or the governing body receives a request from
the governing body of the private school.
Some downtown Lafayette businesses could receive a break from alcohol sales restrictions
The Lafayette Consolidated Council approved an ordinance that could allow for exceptions at some
Jefferson Street businesses, despite their proximity to schools and churches.
The owners of Jefferson Street cafe were one of the groups pushing for the variance. The cafe is located
directly next to Ascension Day School on the ascension Episcopal Church grounds. According to the
changes, the cafe and other businesses will have to maintain 60% of their sales from food. The current
requirements block alcohol sales from within 300 feet of a school, library or playground or within 175 feet
of a church. But a business on Jefferson Street will be able to submit a resolution to the council to receive
an exception.
Developers say big changes could be on the way for the old Bellsouth office building. That would include
possibly turning it into a dinner theater type attraction. Also the owners of the Boutique Hotel near
Lafayette First Baptist Church will be allowed to lease restaurant space as planned if the council grants a
variance.
Here are some of the other restrictions in the new ordinance.
The businesses given exceptions will not be allowed to sale alcohol between 11:00pm and 10:00am.
They will not be allowed to have live entertainment. And finally no one will be allowed to leave the
businesses with alcohol.
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Public Notice Tally Sheet
Zoning Board of Adjustment
Name of Project and Number: _Gilbert Diaz, Appeal# 13-95000001
Address of Project: _500 West Main Street
Number of Mail -outs: 2
Number Favoring: -,
Number Opposed:
Number Returned/Undeliverable: 1
Name of Project and Number:
Address of Project:
Number of Mail -outs:
Number Favoring:
Number Opposed: -
Number Returned/Undeliverable:
Name of Project and Number:
Address of Project:
Number of Mail -outs:
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Number Opposed:
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Public Notice Tally Sheet
Zoning Board of Adjustment
Name of Project and Number: _Gilbert Diaz, Appeal# 13-95000001
Address of Project: _500 West Main Street
Number of Mail -outs: 21
Number Favoring:
Number Opposed: -,
Number Returned/Undeliverable: 1
Name of Project and Number:
Address of Project:
Number of Mail -outs:
Number Favoring:
Number Opposed:
Number Returned/Undeliverable:
Name of Project and Number:
Address of Project:
Number of Mail -outs:
Number Favoring:
Number Opposed:
Number Returned:
City of La Porte Zoning Board of Adjustment
Public Hearing
March 28, 2013
Any person wishing to speak in FAVOR of an item being considered by this Board is required to sign in.
Printed Name
Signature
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City of La Porte Zoning Board of Adjustment
Public Hearing
March 28, 2013
Any person wishing to speak in OPPOSITION to an item being considered by this Board is required to sign in.
Printed Name and Address
Signature
Item Opposed
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City of La Porte Zoning Board of Adjustment Meeting Agenda
Notice is hereby given of a Regular Meeting of the La Porte Zoning Board of Adjustment to be held on
March 28, 2013, at 6:00 P.M. at City Hall Council Chambers, 604 West Fairmont Parkway, La Porte,
Texas, regarding the items of business according to the agenda listed below:
I. Call to order
2. Consider approval of January 10, 2013, meeting minutes.
Consider Appeal of Enforcement Officer's Decision #13-95000001 for the property located at
500 West Main Street, further described as Lots 21-23, Block 56, Town of La Porte, Johnson
Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. The applicant appeals
enforcement officer decision to deny permit for Obsolescence of Structure, the repair costs of
which exceed 50% of replacement cost of the structure. This appeal is being sought under
the terms of Section 106-89 (3) of the City's Code of Ordinances.
A. Staff Presentation
B. Proponents
C. Opponents
D. Proponents Rebuttal
4. Administrative Reports
5. Board Comments on matters appearing on agenda or inquiry of staff regarding specific factual
information or existing policy
6. Adjourn
A quorum of City Council members may be present and participate in discussions during this meeting; however,
no action will be taken by Council.
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees, requests should
be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at
281.470.5019.
CERTIFICATION
I certify that a copy of the March 28, 2013, agenda of item to be onsidered by a Zoning Board of
Adjustment was posted on the City Hall bulletin board on the ay of 2013.
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//'GtAnrn 46( 1� Title:
out of consideration for all attendees of the meeting, please turn Doff all cell phones; -and pagersor place on
Inaudible signal. Thankyou for. yourconsideration.
Zoning Board of Adjustment
Minutes of March 28, 2013
Board Members Present: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel,
and Sherman Moore (Alt 2)
Board Members Absent: T.J. Walker, Lawrence McNeal (Alt 1)
City Staff Present: Planning Director Tim Tietjens, City Planner Masood Malik, Deputy
Building Official Mark Huber, Assistant City Attorney Clark Askins, and
Office Coordinator Peggy Lee
1. Call to Order.
Chairman Maltsberger called the meeting to order at 6:02 p.m.
2. Consider approval of the January 10, 2013, meeting minutes.
Motion by Rod Rothermel to approve the January 10, 2013, meeting minutes. Second by
Charles Schoppe. Motion carried.
Ayes: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman
Moore (Alt 2)
Nays: None
3. Consider Appeal of the Enforcement Officer's Decision #13-95000001 for the property located
at 500 West Main, further described as Lots 21-23, Block 56, Town of La Porte, Johnson Hunter
Survey, Abstract No. 35, La Porte, Harris County, Texas. The applicant appeals the
enforcement officer's decision to deny a permit for Obsolescence of Structure, the repair costs
of which exceed 50% of replacement cost of the structure. This appeal is being sought under
the terms of Section 106-89 (3) of the City's Code of Ordinances.
A. Staff Presentation
City Planner Masood Malik presented the staff report for Appeal of the Enforcement
Officer's Decision #13-95000001. The applicant, Gilbert Diaz, is appealing the enforcement
officer's decision to deny a permit for remodeling the primary structure located at 500 West
Main. The City has determined that the primary structure is substandard and the cost of
bringing it into lawful compliance will exceed 50%of the replacement cost of such structure.
Mr. Malik showed photos of the interior and exterior of the building, which were taken
several years ago. A City Council public hearing for possible action to declare the subject
structure a dangerous building has been continued to a later date to allow the Zoning Board
of Adjustment an opportunity to rule on the Appeal request.
The Board questioned the use of appraisal value when dealing with replacement cost.
Zoning Board of Adjustment
Minutes of March 28, 2013
Page 2 of 3
B. Proponents
J.B. Williamson, attorney for the applicant, was sworn in by Chairman Maltsberger. Mr.
Williamson stated the City does not have the authority to declare a building obsolete by
using HCAD value; rather replacement value should be used. Bill Manning, with Manning
Engineering, was hired by Mr. Diaz to perform an evaluation of the building. Mr. Manning
has prepared an estimate of repair to bring the building up to code and the cost to repair
the building is determined to be less than 50%of the replacement cost.
Mr. Williamson deferred questions from the Board relating to replacement cost to Bill
Manning of Manning Engineering.
William T. Manning, Jr., Manning Engineering, 108 S. 2"° St., was sworn in by Chairman
Maltsberger. The Board discussed with Mr. Manning, the plans for renovation and
associated costs. Mr. Manning stated the replacement value would be close to $90-$100 SF.
The building could be renovated for around $50,000. The front part of the building only can
be renovated and brought up to code for $20,000-$25,000.
C. Opponents
There were no opponents.
D. Proponents Rebuttal
There were no rebuttals.
Motion by Sherman Moore to overturn the Enforcement Officer's decision to deny a permit for
Obsolescence of Structure located at 500 West Main, with the agreement that the building,
when completed, will comply with current code requirements, and the encroaching outbuilding
(accessory structure) will be demolished. Second by Rod Rothermel. Motion carried.
Ayes: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman
Moore (Alt 2)
Nays: None
Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances:
Appeals from the Board of Adjustment.
4. Administrative Reports
There were no administrative reports.
S. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual
information or existing policy.
There were no Board comments.
Zoning Board of Adjustment
Minutes of March 28, 2013
Page 3 of 3
6. Adjourn
Chairman Maltsberger adjourned the meeting at 7:03 p.m.
Respectfully submitted,
Peggy Lee
Secretary, Zoning Board of Adjustment
Passed and Approved on 12013.
George Maltsberger
Chairman, Zoning Board of Adjustment