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HomeMy WebLinkAbout02-27-1997 Public Hearing and Special Called Meeting• • ORIGINAL AGENDA A PUBLIC HEARING AND SPECIAL CALLED MEETING OF THE LA PORTE ZONING BOARD OF ADJUSTMENT WILL BE HELD ON FEBRUARY 27, 1997, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE LA ~PORTE .CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS. I. CALL TO ORDER. II. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED ALTERNATE NO. 2, ROD ROTHERMEL. III. ADMINISTER OATH OF OFFICE TO ALTERNATE NO. 1, JOHN WILLIS. IV. CONSIDER APPEAL ~ OF THE ENFORCEMENT OFFICER'S DECISION #A97-002 TO ISSUE ZONING PERMIT #9700142 FOR A BEAUTY SHOP BUSINESS IN AHIGH-DENSITY RESIDENTIAL (R-3) ZONE. PROPERTY IS KNOWN AS 2757 OLD HIGHWAY 146 (SO. BROADWAY). A. PROPONENTS B. OPPONENTS V. STAFF REPORTS. VI. ADJOURN. • OATH OF OFFICE I, Rod Rothermel , do solemnly swear (or affirm), that I will faithfully and impartially execute the duties imposed upon me by law as an alternate member of the La Porte Zoning Board of Adjustment, and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment. So help me God. Rod Rothermel SWORN TO and subscribed before me, this the 27th day of February, 1997. Peggy Lee Notary Public for the State of Texas ,,,,,,, ~~'" ~ PEOOY LEE MY COMM16610N EXPIRES "_'~ 59ptember 19,1899 • • OATH OF OFFICE I, John Willis , do solemnly swear (or affirm), that I will faithfully and impartially execute the duties imposed upon me by law as an alternate member of the La Porte Zoning Board of Adjustment, and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment. So help me God. "U ~i~,- John Willis SWORN TO and subscribed before me, this the 27th day of February, 1997. ~*; ^~.~ MY COMMISSION EXPIRES ~- „~„ ~ September 19, 198 Peggy I:ee Notary Public for a State of Texas • • STAFF REPORT APPEAL #97-002 •, • CITY OF LA PORTS ~ RECEIVED ZONING BOARD OF ADJUSTMENT INSPECTIONS APPEAL OF ENFORCEMENT OFFICER'S DECISION /-~ 7 p Application Pio A - y7-OOa OFFICE USE ONLY: Date Received: i~-a7-97 ----------------------------------------------------------------------- Applicant: ~~~ ~b!'~O/~1~~ a ~ ~ ~ ~Sm1a.~c e ~~ PH : y~~ 3 b3 3 Addre I am Owner*: owner of the herein described property. I have authorized ~ to act on my behalf in this matter. Name Add PH: I am appealing the decision regarding the interpertation of Sect. ~l :?~a•S•~c~t'~ of the City Zoning Ord1 ce No. 1501 . I am making this appeal in re ands to the property located at S~- D a L,~ 1`~~ Street Address Legal D~s•cription ( ) Site Plan ( ) Minor Development Site Plan ~-)'1+-co`- "" Z6Na„y ~'ea.+~' ( ) Major Development Site Plan ( ) General Plan A Site Plan of the property is attached. Also, I have listed the information requested below on the following pages of this form. a) All facts concerning the matter that has led up to this request. b) The type of relief I am seeking (setbacks, lot coverage, etc.). c) The grounds upon which I am making this request. * If applicant is NOT the owner, he~mu provide Authorization to act on the ^--__~, _ ~..,~_, r. Date Applicants Signature OFFICE USE ONLY Site Plan and Authorization (if applicable) attached? Yes ( ) No ( ) Date transmitted to the Board of Adjustments: meeting Date: Applicant ?Jotified of Date: Boards Decision: Approved ~( ) Denied ( ) Notice of Board Decision mailed to Applicant/Owner: i • PAGE 2 If there is not adeouate room on the remainder of this form to list all pertinent information, please feel free to attach an additional letter or any information and exhibits you feel the Board should consider. FACTS RELEVANT TO THIS t1ATTER: -T~~s ~~~ ~ ~ -R~ wets A ~ ~ n N ~y o~ F~ B 1 1 l (X /4 ~ ~ ~ T £~ ~L ~' U~~r V S jT_J / .~. TYPE OF RELIEF.BEING SOUGHT: GROUNDS FOR THE REQUEST: CED/1-1F.j3 • • Staff Report . February 27, 1997 Appeal of the Enforcement Officer's Decision #A97-002 Requested Bv: .Spero Pomonis, .citizen Requested For: The request is for 2757 Old Highway 146 (So. Broadway), which is further described by the Harris County Appraisal District as Tracts 18B and 18F; Crescent View. An area map is enclosed for reference. (See Exhibit A) Zonis High Density Residential (R-3) Purpose of Request: The applicant is appealing the decision of the Enforcement Officer to issue Zoning Permit #9700142 for a Beauty Shop business (SIC #7231) in a High Density (R-3) Zone. (See Exhibit B) The applicant's appeal is based on the provisions of Sect. 4-202(4), Abandonment of aNon-Conforming Use. The applicant contends that the non-conforming use was abandoned in 1992 and that Abandonment of Non-conforming Uses as per Sect. 4-202, Item 4 of the City's Zoning Ordinance #1501 applies. Sect. 4-202, Item 4, Abandonment of Non-Conforming Use, explains that anon-conforming use is abandoned when land used for an established non-conforming use ceases to be used for a period of ninety (90) consecutive calendar days, and it is determined that an intent to. abandon the non-conforming use occurred, as evidenced by an overt act or a failure to act on the part of the non-conforming use landowner or his occupant..... The applicant claims the property was abandoned in February, 1992 and opened in August, 1995. He believes the building was closed for ninety (90) days and should not be opened as a commercial use. . • • Bd. of Adjustment Appeal l~A97-002 2/27/97 Page 2 of 7 Background: The property in question has a structure which has been located on it for approximately twenty plus yeazs. The building has been used commercially during those yeazs. The types of businesses occupying the structure have been a bar, automotive sale & repair and small engine repair. The Warranty Deed for this property is attached for further reference. (See Exhibit C) • In past yeazs, the baz known as "Huber's Zinn" operated under the management of Mr. Huber. This business, located at 2757 Old Highway 146, was in operation prior to the adoption of Zoning Ordinance #1501 and the zoning permit requirement. • Mr. Randy Sexton later rented the baz and operated under •the name of "Randy's Huber Zinn". • • An automotive repair business known as "Richazd's Auto Repair" was in operation at 2755 Old Hwy. 146 at the same time the baz was in operation at 2757 and their parking lots were shazed. (See Exhibit D) The automotive repair business used both lots during the day and the baz used both lots in the evening. • After the baz closed in August, . 1992, Richazd's Auto Repair continued using both pazking lots until the property owner, Mr. Huber; contacted them about leasing the property at 2757 Old Hwy. 146. He asked that they lease the property or discontinue use of the pazking lot. The owners of the automotive repair shop chose to lease the property and began paying rent on August 9, 1993 to operate a used car sales business known as "Bayside Motors". • • Bd. of Adjustment Appeal #A97-002 2127/97 Page 3 of 7 • They later stopped operating the used car sales business but continued to lease the property for use in conjunction with their automotive repair shop. Since the original automotive repair office was located at 2755 Old Hwy. 146, the building at 2757 was used by the lessee for storage while the parking lot (land) was used for their customer pazking. . The cars were pazked on this site while waiting to be worked on as well as upon completion of the work and awaiting customer pickup. • The lease for both properties, by the owners of Richard's Auto Repair, continued until they moved to their new site at 10701 W. Fairmont Parkway. Zoning Permit #9500710 for "La Caz Porte" (previously known as Richard's Auto Repair) was issued by the City for their new site on May 17, 1995. A Certificate of Occupancy for use of the new building was issued May 25, 1995. Richazd's Auto Repair continued to lease the building at 2757 Old Hwy. 146 until the end of June, 1995 to allow time to move all of the equipment to their new location. • Zoning Permit #9501203 for "La Porte Small Engine Repair" (SIC #7699) at 2757 Old Hwy. 146 was issued by the City on July 28, 1995 (within the ninety (90) day time frame). This business continued at this location until the owner lost his lease and moved out in January, 1997. • Current property owners, William and Dorothy Stevens, appeazed before the Zoning Board of Adjustment on January 9, 1997 and were granted appeal request #A97-001 to operate a beauty shop (SIC #7231) at 2757 Old Hwy. 146. The property owners obtained a permit to make the necessary changes and improvements required by the Boazd at their January 9, 1997 meeting. Zoning permit #9700142 for 2757 Old Hwy. 146 was issued for Studio 7 Hair Caze on January 30, 1997. • • Bd. of Adjustment Appeal #A97-002 2/27/97 Page 4 of 7 Analysis; Zoning Ordinance Section 11-604 establishes the conditions under which the Board may grant an appeal. The guidelines are as follows: • That there is a reasonable difference 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. • That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. • 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 of La Porte. Conclusion: Sect. 4-202, Item 4, Abandonment of Non-Conforming Use, explains that anon-conforming use is abandoned when land used for an established non-conforming use ceases to be used for a period of ninety (90) consecutive calendar days, and it is determined that an intent to abandon the non:conforming use occurred, as evidenced by an overt act or a failure to act on the part of the non-conforming use landowner or his occupant. Whether or not anon-conforming use has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or. his representative seeking to maintain the existing non-conforming use shall have the burden of proving to the Board of Adjustment that the use has not been discontinued for a period of ninety (90) consecutive calendar days and/or that the owner or his representative did not intend to abandon the non- conforming use during the period of cessation of use of the non- conforming use. Bd. of Adjustment Appeal #A97-002 2/27/97 Page 5 of 7 • • As stated in the previous paragraph, the Board of Adjustment is charged with determining two (2) issues. • Was the non-conforming use abandoned for at least ninety (90) consecutive days? ' • ~ Did the owner or his representative intend to abandon the non-conforming use during the period of cessation of the use of the non-conforming use? Current Houston Lighting & Power computer records do not show an address of 2757 Old Highway 146. City records show a beer & wine license for Itandy's Huber Zinn which expired on July 17, 1992. City utility records show service from August, 1984 and a disconnection of service on August 19, 1992. Due to standard purging and computer program conversions staff is unable to provide the Board with specific business activity which may have occurred between August,' 1992 and August, 1993. Had this issue been raised in 1992 the property owner, Mr. Huber, would have been responsible for providing adequate information to the Board to satisfy this request. However, William and Dorothy Stevens purchased the property in July, 1996 and are now being charged with providing the building business history. • • Bd. of Adjustment Appeal l~A97-002 2/27/97 Page 6 of 7 .. Mr. Pomonis, the appellant, has not provided the City with the date of the action he is complaining on. Mr. Pomonis assumes it was a February 1992 to August 1995 decision to allow a use to continue without abandonment as per Sect. 11-604: Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department or board, of the City of La Porte affected by any decision of the enforcement officer. Such appeal shall be taken within thirty (30) days as provided by the rules of procedure of the Board of Adjustment, by filing with the enforcement officer from whom the appeal is taken specifying the grounds thereof. The enforcement officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all .papers constituting the record upon which the action appealed from was taken. In this case the appeal process should have happened before September 30, 1995 as per Sect. 1~1-604 of the zoning ordinance. The continued leasing/use of the building and the property between August 9, 1993 and June, 1995 by Richard's Auto Repair did not indicate to staff an "intent to abandon the non-conforming use" on the part of the non-conforming use landowner or occupant. In addition, the zoning permit issued on July 28, 1995 for "La Porte Small Engine Repair" at 2757 Old Hwy. 146 clearly showed an intent to continue rather than abandon the non-conforming use. Staff has reviewed the elements of this request. While non- conforming issues are crucial, the Board's decision regarding this Abandonment of aNon-Conforming Use would have been better considered between 1993 and 1995. The current property owners purchased an R-3 zoned property which housed a tenant who had obtained a zoning permit to operate at this location. That tenant remained at that location until January, 1997. • • Bd. of Adjustment Appeal #A97-002 2/27/97 Page 7 of 7 The current property owners have appeared before the Planning & Zoning Commission, City Council and the Zoning Board of Adjustment. For each of these meetings the property owners followed proper procedure and provided all documentation asked for by the City. In addition, based on the outcome of the January 9, 1997 Board of Adjustment meeting, the owners have obtained a building permit and zoning permit for this property. Based on the information provided in this report, staff recommends the Board deny appeal request #A97-002. Appeals: As per Section 11-610 of Zoning Ordinance 1501: 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 of La Porte may present to a court of record a petition for a writ of certiorari, as provided by Vernon's Texas Codes Annotated, Local Government Code, Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board of Adjustment. • EXHIBITS • • a ~ r ~ W e M- a CC o O .d ~, ~ ?o b w v ~ i r ' M~ W 1 ~/~ ' /\ W Z W W J a a J U ~ ~ O ~ O ~=- Z r- W 2 ~ O Z Z L d W ~ O N C O O Y N h O O Z V ~ ~ m g C J Q.' J 1~ M'- W ~ W ~ m O J f.7 Z a J a H = O d W Q ~ ~ H L i. W 1 a W Lr ~ (~ C C ~ ~ ~ 3 ~ W O = W N N V N N C Z C ~ ? d d O O O I i _____ LA ~PORTE ~4 HR INSP LI~lC ~ ~ r`~ CY OF CITYHALL' . _ 4~ 1-9G6?_ O BOX 11.15 •• ` ~ R - 471-520 ... . . . .. . .. FORTE, TX ~"1~7t•=1 i~ 15 LA ' .z i:: e t . .1.: ^.'I - s. - . ~: .s `~' =~" ~IVI~NG:~~~PERM ~ .. ^:Il: - ~'Fl`.,- r';1 •i ~.::ii :iiT~:.^^.'., .5='~id.i .-h.. .., :..: . %` .. . .. .: .. ~~.. ~+ ..., :.. '.i PERMIT.. #: 97~1~714~. • .:. DA1"E- i~aUED:. Gli/30/97 .. .. RECEIPT. #: BUS I ~IESS h1AME :.- .STUD I O~ 7 HAIR CARE ~ . ... ~. - ~ - • PROF'ER'1'Y ADT?RE ~S : ~~7::~7 OI...D HtdY i. 46 (S0. }3RC1ADt~JAY) ~ F'IfC.1.7 # : ~ ~~ AGT t_EGAL_ DEgC'R:f.F~1-Irnl: t._ClT : 138, f- ~~t,~tuEf•;: t•!?.LL.Ii:t~rl F• i~("3~t0 T F-1'( 'TEl~e.1~S ~nnRES`•~ : :1v7::'. Fi~IR~'I~:i_U rLAt-'•~ f]F BtlTL.17Ii~tt~ Ci'd7 >41 Pty:!-) t_ ~= L{I>T:r.i~l~_; Tf;T:3 AI='~!~ :[~:A'('Ii~I`~ 1.::~ F'1:1._r~D Itt- C;C~~~•!JL~P•!4.- IC7P! Ir.~1:`fH r~?.lJ.t..L'ifPJ,=~ ~'ri~i~1:C'f #: •- !~t?OI='t7rL D U::yr : c:'i±At RTY ~sAt_i7i'•f s I c, IvuMS .r--_ R ~ t~ VER D F-! .nCt: AU7~r-IORZZCll. AG;EhlT U(al~F= - COMMEhITS : PREV I OUaLY A 'SMALL EIVG I hIE t2EpA I R .13U I NE:~~i, A i~E Al.1T'( S!-iOF} I S I_.F't? I hr7'Et~lS T VF. hlON-C;ONFORP4I r~!G USE. ~ .. -~ i'•IIPJG ADMThfT~3TRA 'OR~ ''A-~ E c: City of La Porte Established 1892 ZONING PERMIT APPLICATION DATE APPLIED: ~ " ~ ~ ~ / BUSINESS S-~v-d~o`~ - 1~Aia ~,Aa~ PROPERTY ADDRESS: a-'~ S'1 l o I C~ ~~~ S'G') LEGAL DESCRIPTION: LOT: ~I S BLOCK: SUB. C R~ 3~. ~cT View BUSINESS PROPRIETOR: W t ~tl Any '~~J oc~hy ~v ~~ PHONE? $~~~~~ ~ ~ `~ ADDRESS: 3c~a `'A'~tL~Z ~1 d CITY: L'~~o ale. BUILDING IS: (~) NEW STATE: ~'x ZIP: '-1'-15'1 I (Jd EXISTING PROPOSED USE: ~ ~RV-~l~ S'A1 ors - _~/02 ~ /-,~ O R OR AUTHORIZED AGENT DATE ********************************************************************x********* ****** FOR CITY USE ONLY ****** ZONING OF PROPERTY: ~ I~. - SIC USE CATEGORY OF BUILDING: ~' 7 of 3 J THIS APPLICATION IS FILED IN CON7UNCTION WITH BUILDING PERMIT # THIS APPLICATION IS: COMMENTS: (l~APPROVED ()DENIED JJ'' r ~~ ~ SIGNATURE ~ • c~ 1 .~ rn-~~9~1 J DATE ~- X30 - 9 I ~~ ['.O. &,:c 1 I l5 La I'i~rcr, Texas 77572-1 I li (7I3) 471-SO2QiANDOtTTS:B:\ZONIIdG.FOR S • (3 a0~c~v~ • • WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS COUNTY OF HARRIS ~aU3s~~o KNOW ALL MEN IIY THESE PRESENTS: THAT THE UNDERSIGNED, W. J. HUDEI2, hereinaRer called "Grantor", whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to the undersigned in hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by the Grantee of that one certain promissory note of even date herewith in the principal sum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), payable to the order of Grantor, as therein specified, providing for accclaation of maturity and for attorney's fees, the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to SHERRY D. TAVEL, TRUSTEE, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto WILLIAM B. STEVENS, III. and wife, DOROTHY E. STEVENS, herein referred to as "Grantee", whether one or more, the real property described as follows, to-wit: A tract of land Sixty-five (65) feet by One Hundred (100) feet out of the Northwest comer of Lot No. Eighteen (18) of CRESCENT VIEW SUBDIVISION, a part ofthe W. P. Harris Survey, in Haris County, Texas, said trail being in fire shape of a parallelogram fronting Sixty-five (65) feet on the County highway and running back along the East side of said Lot No. Eighteen (18) bdween parallel lines Ono Hundred (100) feet for depth; less and except, however, the portion off of fire West side of said tract heretofore conveyed by Melbourne Realty Company to State of Texas for the purpose of widening said County highway, by Deed dated November 7, 193 S, and recorded in Volume 1006, Page 137 of the Decd Records of said County, and; Seventy (70) by One Hundred (100) feet out of the Southwest corner of Lot No. Eighteen (1 S) of Crescent View, a part of the W. P. Hams Survey, as per trap recorded in Volume 655, Page 359 of the Deed Records of Harris County, Texas; said property being a tract in the shape of a parallelogram in the Southwest comer of rite said Lot No. Eighteen (18), fronting Seventy (70) fed on the County lug(tway and running back between parallel lines along Crescent Avenue, One Hundred (100) fed for depth, less and cxcepl the portion of said trail heretofore conveyed by W. W. Parsons to the State of Texas, for widening the County highway, by Deed of Record in Volume 909, Page 270 of the Decd Records of said County, together with all improvements thereon situated, and being the same property conveyed by Mattie Pearl Parsons and husband, John Harrison Parsons, to W. J. Huber and ClifFord E. Morgan, by Deed dated the first day of February, A.D. 2946. . This wnveyance, however, is made and accepted subject to any and all restrictions, encumbrances, easements, covenants and conditions,. if any, relating to the ltereinabove described properly as the same are filed for record itt fire County Clerk's Office of Harris County, Texas. w~'~~ ~XHI~CC C :~ r:.. ,o . ... r TO HAVE AND TO HOLD tl-c above described premises, together with all and singular the rights and appurtenanpes tltercto in anywise belonging, unto the said Grantee, Grantee's heirs, executors, administrators, successors and assigns forever, and Grantor does hereby bind Grantor, Granto~s.heirs, executors, administrators, successors and/or assigns to WARRANT AND FOREVER DEF$ND all and singular the said premises unto the said Grantcc, Grantee's heirs, executors, administrators, successors and/or assigns against every person whomsoever claiming or to claim the same or arty pact thereof. But it is expressly agreed that the Vendor's Lien, as well as Superior Title in'and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. Cutr+att ad valorem taxes on the property having been prorated, the payment thereof is assumed by Grantee. EXECUTED this ~~3 ~~day of August, 1996. Grantee's Address: ~Q r4~~,~ Pct ~.GZ,~' r-I~, "x,17571 THE STATE OF TEXAS § COUNTY OF HARRIS § The forogoing instrument was acl:nowledgcd beforo me on the a~J~ day of August, 1996, by W. J. Huber. ~~O°~p~~/Ylllll,/1..FiCdY1~ BEVERI:Y J. BECKER ~` l , ~ ' NOTMY PULUf.'JTATL OP TL%A! 1 Yr coLAW75~oN txPlNts 111\lll' ~ « FEB. 19, 1997 ~Sf•~A" AFTER RECORDING RETURN TO: L''~K-lit.., OTARY PUBLIC ATE OF TEXAS PREPARED IN THE LAW OFFICE OF: Sherry D. Tavel Aaomey at Law 2201 Center .. Deer Park, Texas 77576 ~. ~~E it (/ . W.~~IBER _, ADDED LANDSCAPING: A 20' x 2' (ON R-O-W) ~c~ 20s' x z' WOODS ON THE BAY SEC. 2 A N.T.S. 0 N EXISTING AUTOMOTIVE REPAIR ~' B = N~ I~ ~\ O l ~i G1 0 `/ Qi 0 d O CJ~ ~' ~ I c I I ~ ~ I W ~ ; SMALL ENGINE ~ ' a REPAIR SHOP Z ~ ~~ 5 27 7 ~ ~ ~ ' N ~ W L5~ .~--~~/~ N CRESCENTVIEW ~cwtBtT D EXHIBIT