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HomeMy WebLinkAbout03-28-13 Zoning Board of Adjustment MeetingCity 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: 1. 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 considered by the Zoning Board of Adjustment was posted on the City Hall bulletin board on the day of 2013. Title: Zoning Board of Adjustment Minutes of January 10, 2013 Board Members Present: Chester Pool, Charles Schoppe, T.J. Walker, Rod Rothermel, Lawrence McNeal (Alt 1), and Sherman Moore (Alt 2) Board Members Absent: George Maltsberger (Chairman) City Staff Present: City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and Office Coordinator, Peggy Lee 1. Call to Order. Vice Chairman Rod Rothermel called the meeting to order at 6:05 p.m. 2. Consider approval of the November 29, 2012, meeting minutes. Motion by Charles Schoppe to approve the November 29, 2012, meeting minutes. Second by T.J. Walker. Motion carried. Ayes: Chester Pool, Charles Schoppe, T.J. Walker, Rod Rothermel, and Lawrence McNeal (Alt 1) Nays: None 3. A public hearing to consider Variance Request #12-93000009 for the property located at 711 Fairway Drive, further described as Lot 69, Block 2, Lakes at Fairmont Greens, Section 1, Film Code No. 620028, M.R.H.C., La Porte, Harris County, Texas. The applicant seeks a variance to allow a one -foot encroachment into the rear 15' building setback line, contrary to the provisions of Section 106-333 of the Code of Ordinances. The variance is being sought under the terms of Section 106-192 (b) (2) of the City's Code of Ordinances. A. Staff Presentation City Planner Masood Malik presented the staff report for Variance Request #12-93000009 and Variance Request #12-93000010 simultaneously as both properties are located within the same block of the Fairmont Greens Subdivision. The applicant, D.R. Horton Homes (Builder) and 92 Fairmont Lakes, Inc. (Owner) seeks a waiver of one -foot from the City's rear building setback requirement. Public hearing notices were mailed to three property owners within 200' of the subject property. The City received one response in favor of granting the variance. B. Proponents Jeff Hyland, of Pasadena, TX, 77503, was sworn in by Vice Chairman Rothermel. Mr. Hyland, affiliated with D.R. Horton Homes, spoke in favor of the variance. C. Opponents There were no opponents. Zoning Board of Adjustment Minutes of January 10, 2013 Page 2 of 3 D. Proponents Rebuttal There were no rebuttals. Motion by Chester Pool to approve Variance Request #12-93000009, for the property located at 711 Fairway Drive allowing a one -foot (1') encroachment into the rear 15' building setback line. Second by Charles Schoppe. Motion carried. Ayes: Chester Pool, Charles Schoppe, T.J. Walker, Rod Rothermel, and Lawrence McNeal (Alt 1) Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 4. A public hearing to consider Variance Request #12-93000010 for the property located at 615 Fairway Drive, further described as Lot 72, Block 2, Lakes at Fairmont Greens, Section 1, Film Code No. 620028, M.R.H.C., La Porte, Harris County, Texas. The applicant seeks a variance to allow a one -foot encroachment into the rear setback line, contrary to the provisions of Section 106-333 of the Code of Ordinances. The variance is being sought under the terms of Section 106-192 (b) (2) (b) of the City's Code of Ordinances. A. Staff Presentation City Planner Masood Malik presented the staff report for Variance Request #12-93000010 and Variance Request #12-93000009 simultaneously as both properties are located within the same block of the Fairmont Greens Subdivision. The applicant, D.R. Horton Homes (Builder) and 92 Fairmont Lakes, Inc. (Owner) seeks a waiver of one -foot from the City's rear building setback requirement. Public hearing notices were mailed to three property owners within 200' of the subject property. The City received one response in favor of granting the variance. B. Proponents Jeff Hyland, of Pasadena, TX, 77503, was sworn in by Vice Chairman Rothermel. Mr. Hyland, affiliated with D.R. Horton Homes, spoke in favor of the variance. C. Opponents There were no opponents. D. Proponents Rebuttal There were no rebuttals. Zoning Board of Adjustment Minutes of January 10, 2013 Page 3 of 3 Motion by Chester Pool to approve Variance Request #12-93000010, for the property located at 615 Fairway Drive allowing a one -foot (1') encroachment into the rear 15' building setback line. Second by T.J. Walker. Motion carried. Ayes: Chester Pool, Charles Schoppe, T.J. Walker, Rod Rothermel, and Lawrence McNeal (Alt 1) Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 5. Administrative Reports Mr. Malik reported there will soon be a builder for the vacant 12-lot residential subdivision along S. Broadway. 6. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. There were no Board comments. 7. Adjourn Vice Chairman Rod Rothermel adjourned the meeting at 6:14 p.m. Respectfully submitted, Peggy Lee Secretary, Zoning Board of Adjustment Passed and Approved on 12013. George Maltsberger Chairman, Zoning Board of Adjustment Appeal of the Enforcement Officer's Decision #13-95000001 500 W. Main Street Exhibits: Staff Report Application Appraisal & other documents A. Area Map B. Survey Map C. Section 106-262, Code of Ordinances Staff Report March 28, 2013 Appeal of the Enforcement Officer's Decision #13-95000001 Requested by: Gilbert Diaz, Property owner Business Name: Formerly Speedy Taco & Kings BBQ Restaurants Requested for: Remodeling of a Substandard, Obsolete Non -Conforming Structure Location: 500 W. Main (Blk. 56; Lots 21-23; Town of LaPorte) Zoning: Main Street Overlay District (MSO) Land Use Plan: Commercial Background: The subject property is located in the City's "Old Downtown" area. Most of the structures located on this portion of West Main Street, between North/South Broadway Street and State Highway 146, were typically built without building setbacks from the property lines. Harris County Appraisal District (HCAD) records show this building was constructed in 1955 with an overall building area of 1,479 square feet on a land area of 9,125 square feet. The applicant is appealing the Enforcement Officer's decision to apply Code of Ordinances Sec. 106-262 Nonconforming Structures on a proposed remodel of a substandard structure. Under DIVISION 9 NONCONFORMING BUILDINGS, STRUCTURES AND USES of the Zoning Ordinance, the City has been mandated to review all nonconforming structures, uses, and lots. Section 106-261 states, "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 and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible"... As per City's Code of Ordinances, the property in question currently contains several nonconforming items that include: • Side building setback of 10' adjacent to public right-of-way • Rear building setback of 20' adjacent to alley • Substandard and dilapidated structure ZBOA 03/28/13 413-95000001 Page 2 of 6 Nonconforming Issues: On pre-existing & non -conforming structure issues, Section 106-262(d) of the City's Code of Ordinances states: "Obsolescence of Structure". The right to operate and maintain any non -conforming structure shall terminate and shall cease to exist whenever the non -conforming structure becomes substandard under the codes and ordinances of the City, and the cost of placing such structure in lawful compliance with the applicable ordinances exceeds 50 percent of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the enforcing officer determines that such structure is obsolete or substandard. In addition, the enforcement officer of the City shall note the owner of such nonconforming structure, as shown on the certified tax rolls of the City, as to the date of termination of the right to operate and maintain such nonconforming structure, and as to the procedure to be followed to bring such structure into compliance with the codes and ordinances of the City. The burden of proof in showing that the structure's repair cost does not exceed 50 percent of the replacement cost of such structure rests upon the owner of such structure. Present development regulations require the structure to be built with some building setbacks to allow for traffic visibility and landscaping. There are several aspects of the existing development that are considered nonconforming when compared to current City's development standards. These issues are as follows: Building Setbacks: The City's Zoning Ordinance stipulates minimum setbacks for a Main Street Overlay District as: Front - 0'; Rear — 20'; Side - 0'; 10' on Side when a corner lot. Property survey shows an existing primary structure has no 10' side setback when adjacent to public right-of- way and accessory structure is encroaching upon the rear setback. Substandard Structure & Notification: In accordance with the City's Zoning Ordinance, Section 106-262(d), a letter dated January 30, 2012, served as a notification that the right to operate and maintain the "substandard non- conforming structure(s) is terminated. An owner or his representative seeking to provide proof that the structure's repair cost does not exceed 50 percent of the replacement cost of such structure may appeal the enforcement officer's decision to the Zoning Board of Adjustment. ZBOA 03/28/13 413-95000001 Page 3 of 6 Discussion: It is assumed that the structures along this portion of West Main Street were constructed in accordance with the development standards and ordinances that were in effect at that time. Thereafter, any changes or modifications in City development standards create a situation commonly referred to as "pre- existing, nonconforming". At this time, the applicant is seeking a permit to remodel a substandard structure. The City has determined that the primary structure is substandard and the cost of bringing it into a lawful compliance with the City's Code of Ordinances will exceed 50 percent of the replacement cost of such structure. The facts and considerations are as follows: • 03/08/11 City's receipt of remodel permit application shows a remodel valuation of $5,000. • 03/08/11 Exterior inspection by City staff — preliminary determination of structure obsolescence (per 2011 "Certified" Harris County Appraisal District Improvement Valuation of $41,742) • 03/11/11 Set up 03/17/11 meeting with the owner — discussed issues • 03/17/11 Met with the owner; questioned remodel valuation and raised structure obsolescence issue; owner agreed to weigh demolition verses cost to have engineer review building. • 09/27/11 Survey identifies nonconforming structure locations • 09/28/11 Engineering letter estimates repairs to the front of the primary building to be $25,800 plus additional costs. • 10/07/11 Owner's remodel permit application that reflects an estimated $80,000 for remodel valuation. • 12/13/11 On -site walk-thru of the building • 01/17/12 Report — Restricted Use Appraisal regarding the estimated replacement cost of the primary building between $43,000 and $58,000 (see copy attached). • 02/15/12 Permit application shows remodel valuation $20,000 • 03/02/12 Manning Engineering Corp. letter claims that the building can be repaired for less than 50% of the HCAD listed appraised value. It further claims that first letter dated 09/28/11 was a summary to provide Mr. Diaz a budget number to secure funding and to compare the cost of a first class renovation versus new construction. However, necessary minimum structural repairs can be performed for less than 50% of the appraised value. ZBOA 03/28/13 413-95000001 Page 4 of 6 Analysis: In addition, the City requested an appraisal for the purpose of estimating its replacement cost. Chris Chuoke of R.C. Chuoke & Associates, Inc., maintains the highest level of credentials the State of Texas offers for certified appraisers. Per appraisal report dated January 17, 2012, the estimated Replacement Cost of the subject property improvements after depreciation estimates was between $43,000 and $58,000. 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 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. Current regulations are written in a clear manner which allows the enforcement officer to understand the intent of City Council as it relates to the nonconforming structure. This regulation has been in effect since the January 26, 1987 adoption of Zoning Ordinance 41501 and the regulation has not been proven to be "unreasonable". No reasonable difference exists regarding the interpretation of the Zoning Ordinance intent. The renovation/remodeling of existing building clearly is classified as `Obsolescence of Structure' that should proceed under Sec. 106-262(d). Remedies exist for the property owner therefore the zoning ordinance cannot be construed as unreasonable. b) That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. Current regulations are written in a clear manner that enables individuals to understand City Council's intent. This enables Staff to provide the information to others and be consistent in the enforcement of this ZBOA 03/28/13 413-95000001 Page 5 of 6 Conclusion: regulation. This consistency in the enforcement of the regulation ensures no "special privilege" to any one property. The zoning ordinance objective is to eliminate and/or ameliorate nonconformities. Typically, eliminating nonconformities is addressed when property owners decide to develop, renovate or remodel their properties. Granting this request would indeed grant a special privilege to this property owner. 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 reoccupying an unsafe structure 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. While the property owner has presented an estimated cost to renovate the building, which is alleged to be less than 50% of the appraised value ($41,742 Improvement value per HCAD), the Board may not grant permission to issue a permit for remodeling a nonconforming and obsolescence of structure unless the owner is able to prove that it can reasonably be done for that cost. The general intent and purpose behind the zoning ordinance is to promote public health, safety, and welfare. This is accomplished by providing a safe transportation system, providing sufficient open spaces and landscaped areas, and preventing the overcrowding of land as well as ensuring stable structures. The zoning ordinance clearly provides for these items. Upholding the enforcement officer's decision in this case would certainly be in the best interest of the community and would be consistent with the spirit and interest of the City's Code of Ordinances. Based on the facts and considerations noted in this report, Staff feels the enforcement officer's decision is correct. Staff recommends that the Board deny this appeal and uphold the ordinance provisions found in Sections 106-261 and 106-262 of the City's Code of Ordinances. ZBOA 03/28/13 413-95000001 Page 6 of 6 Appeals: 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 of the 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. CITY OF LA PORTE ZONING BOA OF ADJUSTMENT ApplicationNo.: _-_- _1. --aoz76c7J OFFICE USIi, ONLY. Fee: $150.00 Date Received: Applicant: GILBERT DIAZ Name 802 IVY, DEER PARK, TX 77536 Address 181-479-9821 PR - I am the owner of the herein described property. I have authorized 7 B -N LLLAAISON to act on my behalf in this matter. Owner: GILBERT DIAZ Name 802IVY, DEER PARK TX 77536 Address Pam: 291-479-9821 X am appealing the decision retarding or the interpertation of Sect 106-262 Qf the City Zoning regulations Chapter 106 of the Code of Ordinances. T am mah-Ing this appeal in regards to the property located at: MO W \.Gall STREET, LA PORTE, TX 77371 LOTS 21 - 33: BLOCK 66, TOWN OF LA PORTE Street Address Leal (Description Site Plan () Minor Development Site Pian ( ) Major IDeveloptnent Site Plan (} General Plan, A Site Plan of the property is attached. Also, I have [fisted 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 maldno this request. x If applicant is NOT the owner, he mast provide Authorization to act on the Owner's behalf. FEBRUARl 14, 2013 Date App caat's igna O�'I+J[CE USE ONLY Site Play and Authorization (if applicable) attached? Yes( No( ) Date transmitted to the Board of Adjustments. Meeting Date: _ Applicant Notified ofDate: Board's ]Decision, Approved () Denied ( ) Notice of Board Decision mailed to Applicant/Owner: i PLICANT'S-APPLICATION FOR I'RWPAIR-EXIST-IN STRUCTURE AT 500 W. MAIN, FILED 10-10-11, WAS DENIED BY THE CITY ON 10-11-11. THAT DENIAL WAS BASED, IN PART, UPON FINDING THAT THE COST OF REPAIRS WOULD EXCEED 50% OF HCAD EVALUATION. THE CORRECT STANDARD WHICH SHOULD HAVE BEEN APPLIED BY THE PERMIT DEPT WAS WHETHER COST OF REPAIRS TO PLACE PROPERTY WITHIN CODE COMPLIANCE EXCEEDED 50% OF REPLACEMENT COST OF SAID STRUCTURES AS DETERMINED BY A LICENSED APPRAISER ON DATE THAT ENFORCING OFFICERS DETERMINES THAT SUCH STRUCTURE IS OBSOLETE OR SUBSTANDARD, NO APPRAISAL BY LICENSED APPRAISER WAS OBTAINED BY THE CITY. A PERMIT TO REPAIR AND BRING TO CODE COMPLIANCE THE FRONT MASONRY PORTION OF THE STRUCTURE, THE RESTORATION FOR WHICH THE PERMIT IS REQUESTED WILL NOT EXCEED 50% OF THE REPLACEMENT COST OF SAID STRUCTURE._ R.C. Chu®ke & Associates, Inc. Appraisers & Consultants P.O. Box 1447 Office- 281-338-9633 League City, Texas 77574 Fax- 281-338-9533 January 17, 2012 City of La Porte P.O. Box 1115 La Porte, Texas 77572 RE: Restricted Use appraisal regarding the estimated Replacement Cost of the main building improvement located at Soo West Main Street, La Porte, Harris County, Texas. Dear Sirs: In accordance with your request, we have inspected the following described property by way of an inspection from the public street for the purpose of estimating its Replacement Cost new less land value and ancillary site improvements. As per our agreement, the data and analysis is presented in a brief restricted use format. BRIEF LEGAL DESCRIPTION OF PROPERTY The main building improvements located at the property known as Lot 22 thru 23, Block 56, Town of La Porte, Harris County, Texas. Known locally as 500 West Main Street, La Porte, Texas. (Real Property Improvements only less ancillary site improvements). We hereby certify that we have personally inspected the property described via an exterior inspection from the public street and that all data gathered by my investigation is from sources believed reliable and true. In preparing this restricted report, we estimated the replacement cost new of the main property improvements only. It should clearly be understood that this letter only constitutes only a statement of the estimated replacement cost of the main site improvements only and that does not presume to be the complete analysis of the subject property nor a complete appraisal report format. of La Porte- Page 2 The Intended User of this appraisal is the City of La Porte only. The intended use is to determine the estimated replacement cost of the main property improvements for internal use. Subject Data: The subject property is located at 500 West Main Street in the city limits of La Porte in SE Harris County, Texas. Based on our inspection only from the public street and from the Harris County Appraisal District data, the improvements consists of a one (x) story wood frame building with a partial brick exterior over a concrete slab foundation. The roof appear to be a built-up type. It is reported to have a central HVAC system and was reported to have been built in 1955 per Harris County Appraisal District. The building is reported to have 1,479 square feet of building area with ancillary utility building located at the rear of the site having a reported 288 square feet of area. Per our instructions from the client, we have not inspected the interior of the facility and our analysis is based on an exterior inspection of the property and from data obtained from the Harris County Appraisal District. Per our instructions from the client, this analysis is to estimate the replacement cost value of only the main property improvements (main building and storage building) and not value the parking area and ancillary improvements such as signage, etc, The subject improvements appear unoccupied. Effective Date of Report: January 17, 2012 Effective Date of Appraisal: January ro, 2012 Per our discussion, a range of replacement cost values were used due to the subjectivity in estimating accrued deprecation. Before depreciation an replacement cost estimate of the main building and storage building was indicated at $143,870. An overall effective life of 50 years was used in this analysis and a range of between 30 years to 35 years was estimated for the effective age resulting in a range of between 6o% to 70% in terms of actual deprecation. As a result the range in Replacement Cost** based on its current condition was estimated at between $43,000 to $58,000. ** Main building improvements only. In conclusion, the estimated Replacement Cost of the subject property improvements after deprecation estimates was between $43,000 to $58,000**. Respectfully Submitted, Chris Chuoke, President R.C. CHUOKE &ASSOCIATES, INC. FRONT VIEW OF SUBJECT SLIDE VIEW OF SUBJECT REAR VIEW OF SUBJECT ADDITIONAL SIDE VIEW OF SUBJECT ..........ADDITIONAL. SIDE VIEW .OF SUBJECT VIEW OF STORAGE BUILDING Prepared by RC Chuoke & Associates, Inc using Mapprc Service, MapPro Inc,, PO Box 37427, Houston, TX 772371-8e623MAPPR0 Owner Name & MalliriQ Address: State Class Code F1 -- Real, - Commercial HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2011 REAL PROPERTY ACCOUNT INFORMATION 0231890000021 _.. - --------------- Owner and Property Information DIAZ GILBERT Legal Description: LTS 21 22 & 23 BLK 56 802 IVY AVE i LA PORTE DEER PARK TX 77536-3220 I Property Address: 500 W MAIN ST LA PORTE TX 77571 Land Use Code I Building Total^ Land 1 Building Net Rentable , Neighborh o Map�I Key i Class j Units Area I Area Area # Facet i Mapes 4323 - Food Stand (Below Restr. E i fl �_ 19,125 SF 1,479 0 9700 6254C 540X Constr.) Capped Account i No Value Status Information Value Status Notice Date Shared CAD Noticed 04/15/2011 No Exemptions and Jurisdictions Exemption Type i� Districts -I None i 020 r 040 Jurisdictions j ARB Status 2010 Ratei 1.3250w 0.388050 2011 Rate] 1.355000 0.3911701 ILA PORTE ISD HARRIS COUNTY - Certified: 08/12/2011 Certified: 08/12/2011 - - 0.028090 I 042 043 .�.� tPORT OFC OUST ON A THY Certified: 08/12/2011 -W Certified: 08/12/2011 0.020540I 0.192160 0.018560� 0.1921601 �HARRiS CO HOSP DIST 044 047 �SAN 071 HARRIS CO EDUC DEPT I Certified: 06/12/2011 0.006581i 0.0065811 �0.185602; T JACINTO COM COL D Certified: 08/12/2011 0,1762771 CITY OF LAPORTE mm __ Certified: 08/12/2011 ._� -- 0.710000i 0.710000 Valuations Value as of January 1, 2010 Marked Appraised Land 13,688i --- - Improvement 38,403 ---� VImprovemont Value as of January 1, 2011 i I Marked Appraised Land 13,6881 - 41,742 Total I 52,091 52,091 Total 55,430 55,430 Land Market Value Land i 1, -Site 7 Unit Size I Site Appr O/R Appr O/R Total� Unit 1 Adj Unit Line Description i i Units ! I Value Code Type I Factor ! Factor Factor Reason AdJ� Pl rice I Price I --- - E 1 4323 -- Food Stand (Below Restr. Constr.) I SF1 ' SF 9 125 1.00 1.00 1.2D Corner or Alie 1.20 1.25 1.50 13,688 _ - _._. I , i TyW �F._ �_. ___I Building v Building 1 Year Built TType _— ! Style quality Impr Sq Ft Building Details 1 1955 - Food Stand (Below Restr. Constr.) Snack Bar Low 1,479 Displayed Building Data Element Detail - Cooling Type Central / Forced Wood / Steel Joist - Construction Type Functional Utility Avg/Normal Heating Type Hot Air Partition Type Normal Physical Condition Avg/Normal Plumbing Type Adequate Sprinkler Type None Exterior Wall �W Brick / Stone Exterior Wall Frame / Res Stucco Exterior Wail Tile / Dressed Stone Economic Obsolescence Normal Element Units Wall Height 8 Inter€or Finish Percent 100 Building Details (1) r- Building Areas i Description Area `E �UTIL BLDG - FRM -C BASE AREA PRI 288. � 399 - ._...- - BASE AREA PRI BASE AREA PRI 360 I 720 —Building Features —- ; Description ! Units Paving - Light Concrete 1 UTILITY BLDG - FRAME CHRIS CHUOKE Chris Chuoke has been engaged in the real estate appraisal profession since 1978, he is currently president of R.C. Chuoke & Associates, Inc. The scope of work has included real estate appraisals, real estate sales, and development. Experience in real estate appraisals include light industrial properties, commercial, retail, office buildings, some special purpose properties as well as single family houses, duplexes, and condominium/ townhouse units and apartments. Additionally there is experience in right of way appraisals and condemnation and has been approved as an expert witness in both Harris and Galveston Counties. Listed below are some of the clients served: CORPORATE Pollo Loco Restaurants Exxon/Mobil Land Management Exxon Pipeline Company South Shore Harbour Development Pizza Inns, Inc. Rockwell Space Operations, Inca CAE -Link Corporation Nisseki Chemical BANK Moody National Bank Bank of America Sterling Bank Regions Bank Heritage Bank Texas Advantage Community Bank Amegy Bank Patriot Bank Prosperity Bank Frost National Bank Hometown Bank Zions Bank Texas Citizens Bank First Bank Express Bank Prosperity Bank JSC Federal Credit Union Corporation RELOCATION Fidelity Relocation Services Cendant Relocation Prudential Relocation Summit Relocation GOVERNMENTAL City of La Porte Galveston County City of Kemah City of League City City of Webster City of Seabrook SBA City of El Lago University of Houston-C Lake City of Friendswood TXDOT MORTGAGE COMPANIES Regions Mortgage Federal Home Loan Mortgage Amegy Mortgage SWBC Mortgage Home Trust Mortgage EDUCATION Bachelor of Business Administration, 1977, University of Houston at Clear Lake PROFESSSIONAL AFFLIATIONS Texas Real Estate Brokers License, 1977, 4216958 Certified Texas Real Estate Appraisers # TX- 1321347-G Texas Associations of Realtors National Association of Realtors Gulf Coast Board of Realtors I® Texuo 2ppraiew Kicetwing anti Certification Ailciarb P.O. Box 12188 Austin, Texas 78711-2188 Certified General Real Estate Appraiser Number: TX 1321347 G Issued: 06/09/2011 Expires: 06/30/2013 Appraiser: ROBERT CHRIS CHUOKE Ill Having provided satisfactory evidence of the qualifications required by the Texas Appraiser Licensing and Certification Act, Texas Occupations Code,-' Chapter 1103, is authorized to use this title, Certified General Real Estate uglas E, Oldi ill xon Appraiser. Commissioner 108 S. 2nd Street La. Porte, Texas 77571 I-R- (281) 471-7590 1-866-369-4364 Fax- (281) 470-9486 October 2, 2012 TSPEr Firm Registratron No_ 2MO ENVtVt3r4MEN-rAL- EPfGANEERiM'B & C0-N,"3"LT's-4G Gilbert Diaz 802 Ivy Ave, D= park, Texas 77536 Attu: Gilbert Diaz owner of property at 500 W Main Re_ der Reggarding Repair Casts for Minimum Required Repairs 50'lest lj St, La Forte TIX 77571 This letter is intended to serve as verification that M=ning Engineering Corporation has been sued by Ggbert Diaz to evaluate and performdesign services for the building located at 500 West Mam Strw M la Porte Texas_ The gent plan fox rgmiring the building is to repair the want half of the building making sinachn-al repairs as needed and converfing the front to office space. The hack halfof the building will be removed. The necessary minimum structural repairs needed for the front can be perfmmed and the front windows and frmning can replace] for less than 50% of the appraised vaTiue which is hste-d as $41,742. the Widows will be smaller frame mounted windows with mpplemental impact protection to aril grind steno requirements. It is estimated that the repaus will be between $16,000 and $20,000 for the structure. Myou have any questions or require any additional Worr ation, please do not hesi e to contact me at your Wiest convenience. 500 W Main, la Porte TX - Leffa regard old ccnvmioa and minimum repairs Marring - Coo Page 1 of I 108 S: 2nd Sheet Laporte, Texas 77571 Ph-. (281) 471-7590 1-866-368-4364 s Mamh 2, 012 TBPE Fum Reosftgon _ 2 S`3V1RClN8RENTAL ENGItt CEFUND & CONSUL-Tims CAlbat Diaz 802 Ivy Ave D=parkTexas 77536 .ea Lamer Regarding Repair C for Minimum Required Reps 540 Wiest main St, La Pone TX 77571 yows trwy, Presidmt 5€ 0 w Ise , rz porm Ix e *$ Manning F-h9i.* YPe Page 1 of 1 Ec 10 �� i of La Port: OCT F:: � ed 1892 281-470--5073 � , Buildin Mc,,hu .cal_,-._l__ *Elec%cal *(5es bank of dorm) . Praj ect Address: Subdivision.: ovmer's Name:_ Address:_ Contractor Rm aiI Engineev- Building Valuaticr 752- 9W'2 Zip ?--99 Zip Contact Perso 6 / z .� x c,tr% 5' 7�r lJ1U 7 Sq.. Fooiign: G Describe Work'"i% mAffr QI�ITII, o To ) of APPRovAL & ALL AP�'rjcABLE TEES ARE PAm azz gt FL7T�L. .. _ . — ���.% I- X14-11- ))ATE-• / f For City Use only occupancy Type E- Flood Zane Class Nark e � �?� G Sq. Ft' 1 �i 7 `� Const>udion Type - Use Zone !� 5 0 b # Stories l Parking Req Imo` ^- Last use of Buii. Date use ceased- Commercial Buildings On -Fite Marshal Approval Date Chccked/Approv r Issuance BY Dale ] o�jis l w wo P i �q+ a \) c� ial ��IJJ..id1LLa� 1 4`A�S S ' v A 4 A.s� L' �G f•�i ..i S .JR C �4 r3 js" �9� Ca Sp I Lid, 14j)3TA HCAD Taffies Resi denfital driveway tie-in fbe: Parkland(New Res. dn1.y): Zane cnnit No. 1 j f Permit Fee y Plan Chack Fee: P PFR1Y.UT APPTICA—nON otiA 0 5 �D1 {� City of a Porte Establishe 1892 Rv 28 *Pl=bin NPr3aai�sca] ___.. — '� i cal. $uildin *(St-- baek of form) Prajoct Addmss: Subdivision: Phone:_ Desna? s Name: Ad[iress: D City Zip -Strut Condor. 147, Street Contador Email Building Use: r'e ri aluafiion d A!� City zip cb /)!Rvim. v� Conact POTSon: 1' 1-97 Sq. Footage: # Stories Descd-be Wank APPLIMk iTS PR D NA.M& � � For City Use Only Flood Zorle___ __�Ons Work Sq. Ft" Owupanoy Typo' Coon Type Use Zone # Starles p �g Date use c(-,ased: Last use ofBuildir� Commercial Buildings flans D Fire Marshall p D Date Checked&-pproved for Tssimm By. CE: Special Conditions Taos Roszd-bntzal ddvevW tif,-in. fv--: PaMadd�Ncw Res. QWY): Zone Permit Igo, Pit Fee Plan. Chock Pee: The City has determined the primary structure is substandard and the cost of bringing it into lawful compliance with codes and ordinances of the city will exceed 50 percent of replacement cost of such structure. Our determination is based on the following: 03/08/11 City's receipt of remodel permit application showing a remodel valuation of $5,000 03/08/11 Exterior inspection by City staff - preliminary determination`of�,���§� structure. obsolescence (per 2011 "Certified" Harris County Appraisal I ,/ �- District Improvement Valuation of $41,742) �� g 03/11/11 Set up 03/17/11 meeting with Owner --discussed issue. s 03/17/11 Met with.owner; questioned remodel valuation and raised -r structure obsolescence issue; owner agreed to weigh demolition verses cost to have erigmi eer review building 09/27/11 Survey identifying nonconforming structure locations w 09/28/I 1 Engineering letter estimates re airs to the front of the.prirnary building to be $25,800 plus additional cost A 10/07/11 Owner's remodel permit application that reflected an estimated err $80,000 for remodel valuation 'i4r� w,4s b 1--,a 6,* ¢ r �r.45i ® 12/13/11 On -site walk-thru of the building-WG/d'A , r A���� ® 0Ill 7/12 Report - Restricted UseAppraisal estimating the replacement cost of the pft,rybuilding between $43 000 and $58 000 In accordance with City Zoning Regulation Sect. 106-262(d), this letter serves as your notification that the right to operate and maintain the "substandard non -conforming structure(s) is terminated". An owner or his representative seeping to provide proof that the structure's repair cost does not exceed 50 percent of the replacement cost of such structure may appeal the enforcement officer's decision to the Zoning Board of Adjustment (ZBOA). However, the burden of proof rests with the owner of such. structure(s). For your convenience, we have enclosed_ the appeal application should you choose to initiate the appeal process. (See attached) If you wish to initiate the appeal process, please return the completed request form and applicable fee. It should be returned to our City planner, Mr. Masood Malik (604 W. Fairmont Parkway — La Porte, Tx 77571), so a meeting can be scheduled. Mr. Malik can answer any questions relating to the process and can be reached at #281-470- 5058. I can be reached at 4281-470-5066. A scheduled ZBOA meeting will stay any municipal court action until said meeting is concluded. Thank you. March 2, 2012 ENVIRONMENTAL ENGINEERING & OONsu LTms Gilbert Diaz 802 Ivy Ave Deer Park, Texas 77536 Attn: Gilbert Diaz Owner of Property at 500 W Main Re: Letter Regarding Repair Costs for Minimum Required Repairs 500 West Main St, La Porte TX 77571 108 S. 2nd Street LaPorte, Texas 77571 Ph: (281) 471-7590 1-866-ENVI ENG 1-866-368-4364 Fax: (281) 470-9486 TBPE Firm Registration No. 2630 To Whom it may concern; This letter is intended to serve as verification that Manning Engineering Corporation has been retained by Gilbert Diaz to evaluate and perforrn design, services for the building located at 500 West Main Street in La Porte Texas. We initially provided Mr. Diaz with a summary of total costs for a complete renovation of the existing building including site work and contingencies. The purpose of the summary was to provide Mr. Diaz a budget number to secure funding and to compare the cost of a first class renovation versus new construction. It is our understanding that as a result of this letter, the City is now wanting Mr. Diaz to demolish his existing building. This letter is intended to clarify the purpose of the original letter and clarify that the building can be repaired for less than 50% of the HCAD listed appraised value. The original letter was based on performing a first class renovation of the interior and exterior of the building and reopen the Speedy Taco Restaurant and was intended to secure the funding for this renovation and site work. The necessary minimum structural repairs can be performed and the front windows and framing can replaced for less than 50% of the appraised value which is listed as $41,742. The front windows will no longer be storefront style windows with impact rated glazing and a majority of the exterior facade work will not be done. The windows will be smaller frame mounted windows with supplemental impact protection to meet wind storm requirements. It is unfortunate that the City is not exercising the discretion it has available in order to allow Mr. Diaz to perform the complete first class renovation he had envisioned. If you have any questions or require any additional information, please do not hesitate to contact me at your earliest convenience. Yours truly, William T. Mannin 7/,E., C. V,U.O. President 500 W Main, La Porte TX - Letter regarding minimum repairs Manning Engineering Corp. Page 1 of 1 ADDRESS ADMISS uU 0 {- !L i i1 :Li CITY, STATE, ZIP %% CITY, STATE, ZIP LB U a �✓ i- !a 47 d0140 �7`L- a i lq�A Ilt4 i /—IJ,) V AgItt--- -- t "Ve ri r '�� ,cR SST / /11�C ��r,•/�fx;� .i 9a r C�Re ale vim= e -x%Q d�T l i hat,-e�• nis chapter has been revised in its entirety, there will be no marginal markings. SECTION 401 GENERAL 401.1 Scope. This chapter applies to residential buildings. 401.2 Compliance. Projects shall comply with Sections 401, 402.4, 402.5, 402.6 and 403 (referred to as the mandatory pro- visions) and either: 1.. Sections 402A through 402.3 (prescriptive); or 2. Section 404 (performance). 4013 Certificate. A permanent certificate shall be posted on or.in the electrical distribution panel. The certificate shall be completedby the builder or registered design professional. The certificate shall list the predominant R-values- of insulation installed in or on coiling/roof, walls, foundation (slab, base- mentwall, crawlspace wall and/or floor) and ducts outside con- ditioned spaces; U-factors for fenestration; and the solar heat gain coefficient (SHGC) of fenestration. Where there is more than one value for each component, the certificate shall list the value covering the largest area The certificate shall Jilt the typo and efficiency of heating, cooling and service water heating equipment. , "i- C? 7 SECTION 402 BUILDING THERMAL ENVELOPE 402.1 General. (Prescriptive). 402.1.1 Insulation and fenestration criteria. The building thermal envelope shall meet the requirements of Table 402.1.1 based on the climate zone specified in Chapter 3. 402.1.2 1?-value computation. lasulation material used in layers, such as framing. cavity insulation and insulating sheathing, shall be sumed to compute the component R-value. The manufacturer's settled R-value shall be used for blown insulation. Computed R-valuos shall not include an R-value for other building materials or air films. -402.1.3 U factor alternative. An assembly with a U-factor equal to or less than that specified in Table 402.1.3 shall be permitted as an alternative to then -value in Table 402.1.1. Exception., For mass walls not meeting the criterion for insulation locationin Section 402.2.3, the U-factor shall be permitted to be: 1. U-factor of 0.17 in Climate Zone 1. 2. U factor of 0.14 in Climate Zone 2. 3. U-factor of 0.12 in Climate Zone 3. TABLE 402.1.1 INSULATION AND FENESTRATION REQUIREMENTS 13Y COMPONENT' CRAWL GLAZED WOOD MASS .BASEMENT' SLAB° SPACE` CLIMATMZ FENESTRATION SKYLIGHT6 FENESTRATION FILING FRAME WALL WALL FLOOR WALL R-VALUE WALL. ONE fJ-FACTDR U-PACTOR SHGC R-VALUE R-VALUE _ R-VALU> _R VALUE. 8-VALUE _ ..8, DEPTH._ R-VALUE 1 1.20 0.75 0.40 30 13 3 13 0 0 0 -.2 . 0.75 0.75 0.40 30 13 4 13• 0 0 0 3 0.65 0.65 0.400 30 13 5 19 i 0 0 5/13 4 except Marine 0.40 0.60 NR 38 13 5 19 10/13 10, 2 ft 10/13 5 and Marine 4 0.35 0.60 NR 38 19 or 13+51 13 30f 10 / 13 10, 2 ft 10/13 6 0.35 0.60 NR 49 19 or 13+59 15 30' 10/13 10, 4 ft .10/13 7 and 8 0.35 0.60 NR 49 21 19 301f 10/13 10, 4 ft 10113 For SI: 1 foot = 304.8 mm a. R-values are.minitnums. U-factors and SHGC are maximums. R-I9 shall be pennitEed to be compressed into a 2 x 6 cavity b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. c. The first,R-value applies to cox9ffiuow insulation, the second to framing cavity insulation; either insulation meets the requirement d. R 5 shall be added to the required slab edge R-values for heated slabs. e. There are no SHGC requirements in the Marine zone. £ Or insuldim sufficient to fill the framing cavity, R-19 minimum. g. "13+5" means R-13 cavity insulation plus R-5 insulated sheathing. Ifstructural sheathing covers 25 percent or less of the exterior, insulating sheathing is not requited where striuctarA sheathing is used. if structaW sheathing covers more than 25 percent of exterior, stractural sheathing shall be supplemented with insu- lated sheathing of at least R 2. I 2006INTERNATIONAL ENERGY CONSERVATION CODE® 19 . ... . .............. ........ .. 7 11t F S ENT ENERGY PLAN VIEW IN&EDIT G ET` (FOR EXISTING RESIDENTIAL STRUCTURES) Utilizing Chapter 4 of the State mandated Energy Conservation Code (2006 Ed.); La Porte is located within Climate Zone 2. New Residential and room additions require plan certification and field inspection by an approved agency or individual licensed/certified through one of the model code groups (ICBO, ICC, BOCA.). WINDOW REPLACEMENT: A building permit shall be required. Plan submittal shall include a footprint of the structure that identify the windows berg replaced and a material list identifying that the "proposed" windows are. .75 Fenestration U- Factor and .40 Glazed Fenestration Solar Heat.Gain CoEefficient . Footprint must show window locations near doors and stair landings to confirm safety glass locations. 2006 IRC,R308.4 Hazardous locations. Applicant shall leave window data stickers in place until a city inspection can confirm proper window type and installation. Applicant/owner shall be responsible for requesting the required inspection. NOTE: For siding installation regulations, see separate policy/guideline. Minimum Wood Frame Wall R Value insulation required is: R 13. SACity Planning Sharel04-INSPECTIONS DNISIONIInspections0an Review Guide on Energy Review & Inspection.doc 07-2008 ENERGY CODE COMPLIANCE PROVID "ERS This list of providers has been compiled as a convenience to properly owners, builders and developers., It is provided to assist in the transition and does not recommend any company or individual nor prohibit other qualified company& or individuals. In some cases, the provider has already provided the City with a copy of their certification(s). Providers who have not submitted proof of their certification(s) will have to do so at the time of their submittal to the City - Bureau Veritas ........................................................Nolan R. Mason, #877-837-8775 Code Consultants ...............................................Linda Taylor, 0281554-4202 A Construction Code Analysis...................................Joe Morales, #713-591-7343'° James Hickman Inspections....................................James Hickman, #713-941-3737 Jeff Ybarra, #281-381-6441 #713-941-3737 Mikayla Architects...... Herman, #281-729-7550 MPS Engineering Co ... ............................................... _.J. R. Sullivan, #281-324-3852; Ext. 19 The Nelrod Company ................................ ...................... Kat Cortelyou, #713-937-6060 Victor Gomez.............................................................Victor Gozmez, #281-235-6458 Overland Environmental Consulting .......... ..............Andrew Thiess, PE, PMP 832-250-2899 Bureau Veritas ..................................................Robert A. Packheiser, #877-837-8775 Code Consultants ...............................................Linda Taylor, #281-554-4202 Construction Code Analysis..................................Joe Morales, #713-591-7343 Ala C' Mikayla Architects.............................................Michael Hermau, #281-778-7012'� James Hickman Inspections....................................James Hickman, #713-941-3737 1 i Winning Way...................................................William T. Winning, III, #281-922-0700 JRN Inspections ........... ..................................... Jeff A Ybarra, #281-481-3331 Overland Environmental Consulting .......................Andrew Thiess, PE, PMP 832-250-2899 SACPSharel]NSPECTION DIVISIONftpectionsacsidential Construction PacketTmergy Code Providers List. -doe 4-08 Asbestos Consultant List ECS- Env. Consulting Services Called: 5718 Westheimer Rd., Ste. 1575 Houston, Texas 77057 Attn: Sam Barbar Faxed: info@ecsus.com Phone: 713-622-4800 Fax: 713-622-4828 Evergreen Env. Called: 702 Old Underwood Rd. LaPorte, Texas 77571 Attn: Nina Parker Faxed: nparker@evergreenes.com Phone_ : 281-470-1700 Fax: 291-478-5004 � Live Oak Env. Consultants `� Called:. 2714 Cypress Point Dr., Ste C Missouri'City, Texas 77459 Attn: Gary Mortens. e Faxed: mail@lieoakenvironmental.com Phone: 281-499-6709 Fax: 281-261-0452 Cell:- 281-948-2015 Loftin Env. Services Called: 2020 Montrose Houston, Texas 77006 jmurray@loflinenviromnental.com. Attn: Tallies Murray Faxed: Phone: 71-3-521-3300 Fax: 713-523-0829 SACity Planning Share104ANSPECITONS DIVISIONIALL OUTER STUii'PlCode EnforcementlDang Buildings\Asbestos Consultanf List.doc IECEIvE OCT 0112011 September 28, 2011 ENVIRONMENTAL ENGINEERING & CONSULTING - Gilbert Diaz 802 Ivy Ave Deer Park, Texas 77536 Attn: Gilbert Diaz Owner of Property at 500 W Main Re: Evaluation Summary Report 500 West Main St, La Porte TX 77571 Mr. Diaz; 108 S. 2nd Street LaPorte, Texas 77571 Ph: (281) 471-7590 1-866-ENVI ENG 1-866-368-4364 Fax: (281) 470-9486 TBPE Firm Registration No. 2630 We have evaluated the existing building located at 500 West Main Street in La Porte Texas. This initial evaluation was intended to determine the scope of repairs needed to the front portion of the building, the entire building and a replacement building option. When repairs to a existing building exceed 50% of the appraised value, the entire building must be brought up to current code requirements. The Harris County Appraisal District lists the value of the Building at $41,742 as of January 1, 2011. The required repairs to the front of the building alone are - -= ffl } `b�`- :�Md does not include the minimum required improvements to theresf of the building or site. As a result, the entire building must be brought !f up to the current City and building codes. This includes making the building and bathroorris ADA accessible which is going to reduce the kitchen space. The estimated cost to bring the entire existing building up to current codes, including site work. is a follows: Construction (Entire Building, Site and Utilities) $ 105,600 Contingencies recommended for extensive Remodels (20%) $ 21,120 Engineering Services Evaluation $ 2;000 Design Phase $ 22,300 Construction Phase 2,500 ESTIMATED TOTAL $ 153,520 The repair option does not include repairs to the existing building slab, only includes patching the existing parking lot, and includes removing the existing sign. The evaluation also .included looking at demolition of the existing building and construction of a n6w building. The new building option provides a great opportunity to improve parking and the drive through service for the building. The building option that was looked at 500 W Mail►, La Porte TX - Evaluation Summary Letter Manning Engineering Corp. Pago I of 2 Live Oak EfivironmentalC s It is 2714 CYPRESS POINT, SUITE C ® MISSOURI CITY, TEXAS 77459 ® (281) 499-6709 a FAX (281) 261-0452 June 14, 2011 Mr. Gilbert Diaz 802 Ivy Lane Deer Park, Texas 77536 Email straightedgeconstraction7@yahoo.com Re: Pre -Renovation Asbestos Inspection Report Commercial Property 500 West Main Street LaPorte, Texas LOEC Job 411-1068 LOEC Invoice 43980 t� 4 �41 r DESCRIPTION OF SERVICES PERFORMED: .� ,__ _ _,_ .A.MQUNT: Limited Asbestos Inspectionand Report $400.00 TOTAL AMOUNT DUE: $400.00 We appreciate the opportunity to be of service. Thank You. Terms: Net 15 Invoices Not Paid within 30 days will incur a 1.5 percent per month charge. IECC CERTIFICATION SERVICES 321-4 Federal St. Pasadena, Texas 77504 energychecktexas@yahoo.com SERVICES &PAYMENT STATEMENT CUSTOMER: Gilbert Diaz ADDRESS: 802 Ivy CITY., Deer Park ZIP, Project: 500 west Main SERVICES RENDERED: IECC ENERGY PLAN REVIEW $ 350.00 FIELD INSPECTION INCLUDED COVER INSPECTION INCLUDED REIN5PECTION REINSPECTION REINSPECTION TOTAL: $ 350.00 MAKE CHECKS PAYABLE TO Energy Check TOTAL SURVEYORS INC. 4301 CENTER STREET DEER PARK, TX 77536 BILL TO; DIANA DIAZ 802 IVY AVE. DEER PARK, TEXAS 77536 DESCRIPTION 500 W. MAIN (BNDY SURVEY) (1) BOUNDARY SURVEY DATE I INVOICE# AMOUNT AMOUNT I 400.00 TOTAL I 400.00 TOTAL SURVEYORS INC. Mena er, Dwayne Subject: 500 West Main Location: Conf: Rrn B Start; Tue 10/11/2011 4.00 PM End: Tue 10/11/2011 5:00 PM Recurrence: (none) Meeting Status: Meeting organizer organizer: Mena er, Dwayne Required Attendees: u er, Mr. Diaz, Will be coming in this afternoon October 11th 2011 at 4PM to discuss the engineers report dated September 28th 2011 and building permit application he submitted for review on his building 500 West Main. ' 1; 713-884-0816 DM/MH r ,% �b b�e 1 THE STATE OF TEXAS TO: DIANA DIAZ 902 IVY AVENUE DEER PARK, HARRIS County, TX 77S36 - - --- - -- Ln 011 J664� / o rt: 060 LA PORTE WDEPENDENT SCHOOL CAUSE NO. z DISTRICT VS. DISTRICT COURT OF GILBERT DIAZ, ET AL HARRIS COUNTY, TEXAS CITATION IN DELINQUENT TAX SUIT I1 o.. � I Delivered this Y of PHIL SANDLIN, C STABLE By YOU HAVE BEEN SUED, YOU MAY EMPLOY AN ATTORNEY. IF YOU OR YOUR ATTORNEY DO NOT FILE A WRITTEN ANSWER WITH THE CLERK WHO ISSUED THIS CITATION BY 10:00 A.M.- ON THE MONDAY NEXT FOLLOWING THE EXPIRATION OF 20 DAYS AFTER YOU WERE SERVED THIS CITATION AND/OR PETITION, A DEFAULT JUDGMENT MAY BE TAKEN AGAINST YOU. G-REETI•rs: µ YOU ARE HE REBY COMMANDED to appear before thee- DISTRICT COURT OF HAR-RIS COUNTY, TEXAS at'tt e Courthouse at Houston, Texas, by ailing a written answer with the said Court at. or before 10;00 o'cloek A.M. on the Monday Next afler the expiration of TWENTY (20) days from thedate of service of this citation, then and there to answer the petition of the Plaintiffs CITY Or, LA PORTE, LA PORTE INDEPENDENT SCHOOL DISTRICT .. 1.� ,v as set out in the copy of said petition. Bled on the day ofat_ry, 2M against,',,.,P 1 j CULBERT DTAZ � � DIANA DIAz � d, SAN IACIh1TO COMMUNITY COLLEGE DISTRICT -Defendant(s), said suit being numbered above on the docket of said Court, the nature of 041 which demand is a suit to collect a.d valorem taxes on property, to wit: � Tito property is specifically described as follows; Not prepared by the District i;iern. bistrict Clerk only certifies to the tact thk. case is on file In his office. The party anc., the pleadlno named are a true and correc= J reflection of the records on file in his office 'i City of LaPorte Ph: 281-470-071 /2R1 m 470-5077 Violation of the City Code Ordinance D.L. /stated r� a 1 D.o.a: 17 6a, Race: Sex: F( ) Warnina Citation j NAME ` ADDRESS PHONE .. _ — WORK PHONE VIOLATION LOCATION i Type- Qf.Viofation(s) ObsMed rep , � i Days to Comply: �- --REC IVED:. DELIVERED/SERVED: oa / VIOLATOR INSPECTOR F - DATE DATE- , { This is issued to you as a courtesy to ask you to do your part in avoiding the need for possible court action by the city. Insp./05-99 E F Awl V Porte =281-4:70-50jUio ty Code of Ordinance .m D.LA Race: r ays o Comply: NAME l RECEIVED. DELIVERED/SERVED: VIOLATOR INSPECTOR ©ATE DATE This is issued to you as a courtesy to ask you to do your part in avoiding the need for possible court action by the city.. InspJ05-99 � � A It is unlawful for any Carpenter, Contractor, Builder, or, other persons, to cover or cause to be covered, any part - of the work with flooring, lath, earth or other material, until the proper inspector has had ample time to approve the, .—installation. After additions or corrections have been made, call 281-470-5130 For additional information call 281-470-5073. PRESS HARD - USE I3i4LL POINT PEN 0 JOB ADDRESS f. ,,.. INSPECTION TYPE: o DATE. THIS JOB HAS NOT BEEN COMPLETED The following additions or correctionsshall be made before the job will be accepted .; `mod e 4, - It is unlawful for any Carpenter, Contractor, Builder, or.. other persons, to cover or cause to be covered, any part, of the work with flooring, lath, earth or other material, until the proper inspector has had ample time to approve the installation. After additions or corrections have been made, call 281-470-5130 For additional information call 281-470-5073. PRESS HARD a USE BALL POINT PEN .PAYMENT PLAN, STATE OF TEXAS IN THE MUNICIPAL COURT VS COPY CITY OF LA PORTE S COUNTY, TEXAS GILBERTO G DIAZ The Court hereby orders that Defendant pay the assessed tines listed below to the City of La Porte Municipal Court in accordance with the SCHEDULE OF PAYMENTS, _ also listed below and is incorporated into the court judgment. All payments must be made in Cash, Credit Card, Money Order or Cashier's Check. NO PERSONAL CHECKS are accepted. Window payments are accepted from 8:00 am to 5:00 pm Monday thm Friday. Payments may be mailed to: La Porte Municipal Court, 3005 N. 23Ld Street, Texas 77571-0705. The Municipal Court drop box is located in the Municipal Court foyer. To pay by phone with credit card, call toll free I- 977-224-6076/24 hrs/7 days a week. To pay online, visit us at www,lMortetx.gov. Dated this the 16th day of February, 2012. Denise-iitrano Municipal Judge — City of La Porte, Texas Citation # Amount Offense 1126931-01 525.00 Building Code Violations 1126932-01 525.00 Building Code Violations Total Amount Due: $1050:00- I hereby acknowledge that I have entered a plea of guilty or no contest and that I have been found guilty of the above listed charge. I understand that I must pay the fines by their respective due dates as listed on the attached schedule of payments. I have been informed of the acceptable forms of payment and acknowledge receipt of the Schedule of Payments. I understand that if I am unable to make a payment in accordance with the attached Schedule of Payments that I must appear at the Court in person during normal operating hours, on or before the due date, to inform the Court of my inability to pay. I further understand that if I fail to make a payment in accordance with the attached Schedule of payments or appear in person on or before the due date to inform the Court of my inability to pay, a warrant for my arrest may be issued. Date: Address Zip Email Address GILBERTO G DIAZ Home Number Cell or Work Number SCHEDULED PAYMENTS PXYMENTS OF $100.00 ARE DUE BEGINNING ON 03 /16/2012/ AND SHALL BE MADE MONTHLY ON THE SAME DATE UNTIL THE TOTAL AMOUNT OF $1050.00 IS PAID IN FULL. J LaTorte Municipal Court 3005 Ne 23rd Street �a Porte, Texas 77572 V (281) 471-4683 �� �\ ` Amount Due $: 500.00 Tlae Court hereby orders that defendant pay the amount as listed above to the City of La Porte Municipal Court on or before November 12 L2011® All payments must be made in Cash, Credit Card, Money Order or Cashier's Check. NO ]PERSONAL CHECKS are accepted. Window payments are accepted from 8:00 am to 5:00 pan Monday thru Friday. Payments may be mailed to: La Porte Municipal Court, 3005 N, 23`d Street, La Porte, Texas 77572-0705. The Municipal Court drop box is located in the Municipal Court foyer. To pay by phone with credit card, call toll free 1-877-224-6076/24 hrsn days a week. To pay online, visit us at www.laportetx.gov. **ATTENTION** On the 31" day after the date on which the judgment was entered, a $25.00 fee will be added to any part of the f ne/court costs not paid in full. (5I.921 G.C.) Date: October 13, 2011 Denise C. Nitrano COPY Municipal Judge- City of La Porte, Texas �mea®aa®®awaaaaamas®®.®.®®.s®a®®a�..aa.a®®.®ae•®..®®s®®��a tir aur ae a a a N a a a a a a s a a a v a■ a a N a a a a 01 I understand that I must pay the fine by the due date as listed above and have been informed of the acceptable forms of payment. I further understand that if I fail to make a payment by the above due date or appear in person to inform the Court of my inability to pay, a warrant for my arrest may be. issued. ADDRESS: APT:# CITY/STATE: ZIP: . PHONE: HOME/CELL - EMAIL-( i COPIES.2 X _ Defendant's Signature * * * * * Warning***** IF YOU FAIL TO APPEAR IN COURT FOR THE PROSECUTION OF TIIE OFFENSE OR IF YO UFAIL TO PAY OR SATISFY A JJJDGMENT ORDERING THE PAYMENT OF A FINE AND COST IN THE MANNER ORDERED BY THE CO URT, YOU MAY BE DENIED RENEWAL OF YOUR DRIVER'S LICENSE. "I'll-, r ; -: Will, 500 MAIN ST. W. l SIDE PROPERTY LINE E j i i i` IIf � 0� r I //ilia 1 inch = 20 feet W UNRESTRICTED RESERVE "A°" WITI-I CAP LOT 20 LEGEND GM - GAS METER CO - CLEAN OUT TC® -TRAFFIC CONTROL BOX SL - STREET LIGHT TSL.-TRAFFIC SIGNAL UGI-FT EM - ELECTRIC METER 'FP - POWER POLE CONC.. - CONCRETE W���+JT f -- i2.2° .. Z SSHEED r� 22 2' b e a .. „4 n CONCRETE e7 .."� CONCR'FTE p_fl :a a da C . L� a. C C `kAlyr,7'b,15.F31.9" cV ° pG.A . . LOT 21 . LOT 22 vi LOT 23 P � ..- b� '• 4' Ott' p a CONCRETE a e . • f E, a. d :CO p '. ..C.. 4. �• a. .. .. a Y a . $. W 1 STORY r -d BRICK plc WOOD a. a ° a BUILMNG CONCRETE'. a e m 'a' �'. BUILDING ON , PROPERLY L1N � 24.00. a„ - .. ... 24.OS" 25,00'24.1' ETIN -° 'AA7 rn . / � CONC° CONCRETE a CONC.WALK" CONCRETE b'. ,' PCLIG T ORNE ASPHALT W. MAIN STREET STREET (85" R.C', W W ) "V`CL,8, PG.16, HCMR SET 5/8" IR, WITH CAP NOTES: 1., This survey Lies wholly within "Zone X" or areas determined to be outside the 500-year floodplain according to the "Flood Insurance Rate. Map" (FIRM) No. 48201C0945 L, dated June 18,2007. 2, Alt bearings shown hereon are based on the subdivision City of La Porte of Harris County, Texas. 0. Thrs property Is subject to any builda'ng irnes, zoning and platting laws and ordinances 0, 2C 40' now in force In the City of La Porte,„ County of Harris, Texas. 4. This survey was prepared without the benefit of e title report° PROPERTY INFORMATION DRAWING INFORMATION LOT BLOCK SUBDIVISION SCALE. 1'" - 20" 1-2 56 CITY OF LA, PO RTE I'ROJ-yk 11- 274 r FILE 5oal W: Main -DWG ADDRESS: 500 W. MAIN STREET FIELD BY DRAFTING BY LA PORTS, -➢-ERAS 77571' BY PENA BY D Ili d• , 106-261 LA i1C) RT E C 0D 4 T''er;T]m:3nenciaUions $,hi,:i"eon. 1�_s nec:essar:I r;he city council may from brae to tdme oil it's E}tF+Tn rootior or upon cause presented by haterested Pr'oPer'ty orvzrers rneluire a ia..a the axisten.ce, co.4rtinua,tion or rnaLnll-anance of any nforrriyra a,se within. the city, 1) ( G'rarrformirzg use does not change to n0rzr:0af07-7r1,ing use a,� eadjca;:erci zarrapea-ty,subseguentl°y changes zoning cicassif c tiers. t^r Usetha,, co.of`crms tca th.e �,r�ning rt .lot oris on f,he e aectiRae date of this zoning ordinance at the time of initial devel.copment of toe site shall not subsequently be deemed a ronconforming use solely because, the use changes on an: adjoining pr'opea°ty. (2) -Accessory use of strudZLr°e. 1,To structure that is acCessory to a principal noncoliformin use. or a nancon%rming structure .shall conti nu after : o.ch principal use ar strut i.- has bee is teriazarrated„ rerraavecl oa otl oa prase ba. ought ante eoanpliance, unless it cor�apiies with fall of the regulatio-as of the rlastl•ict in vlrla it is located. (Ord. No. 1.501- -1, § 5(exh. D), 2-9--98) Sec, 10 - 62e laT� �nl r itag st et Tes- (a) T,i7niteation on re�gulatioM NO structure, other -prise in accordance with the provisions of these regulations or, an arnen.duaent hereto, shall be rendered or be: deemed a nonconforming siructu-ce solely for a failure to comply with pfovisiopis rela-tiTag to A_ ticle ''V; Divisioh Accessory Birildings, Uses, and lt;quipnient, of this chapter. (b) Continuance of noncon forrain:g structures. Subject to all limitations herein set forth, any nonconforrraing structure may be occupied and operated and maintained in a state of good rfep,ahr but no noncoiaforrraing stl-netnre shall be enlarged, unless the enlargement is made in accordance -wi:th the provisions of section. 100--262(g) of this chapter. (c) Accidentcad damage to ,structua -e. if a building occupied by nonconfo,_yr ing uses is destroyed by fire or the elements, it may not be, rec;onst7ucted or rebuilt unless it conforms with the provisions of this chapter. In the case of partial ciestz Lactlon by fire or other causes, not exceeding 50 percent of its value, as cletermhied by a licensed appraiser, the enforcing ofFaccr of the city may issue a permit for reconstruction. if greater.tb 50 percent and less than total, the board fnay grant as a special exception a permit for repairs but not for enlargement or reconstruction of the buiJding. (d) Obsolescence of structure, the right to operate and maintain any nonnon�`orxxiing S1,Y actnre shall terminate and shall cease to exist Whenever the nonconformi ig structure becomes substandard-Lmd.er the codes and orE-n=ces of the city, and the cost of g lacin.g such si;r°uct-fza°e i-,) la-vvful compliance with the applicable, ordinances exceeds 50 percent:, of the replacement cost of such structure„ as determined by a licensed appraiser, on the date, that the enforcing officer determines that such structure is Obsolete or substandard. The enforcement o ficer of the city shall notify the owner of such noe�conforiniru�` structure as shown on the certified tax rolls of the city, as to the date of termination of the right to operate and maintain such nonconfdrmingI structure, and as to the procedma e to be followed to bring such structure 6 Stipp. Yin. 1 ClDl96_38 ZON114191"I § 106-2f.-32 L7, 1 s and ordir-ances of the city.The burden of proof Into co 'er, or M'fle-1, COUE-1 yyjpjj,,,nce with this chapL -the rr cost in showing that t�-L, Aructure S rer�air rosL does not exceed 5,0 percent of --placement of such structure rests upon the owiaer of such structuye. (e) -DetCralination of replacement cof5t. In f-JaLermirting the replacement" cost of any nonron- forining structure, the cost of land or any factors other than the nonconforming structure itself, shall not be included. (f) Repairs and alterations. Repai:cq and alterations may be made to a nonconformil-19 building or structure; provided, that no external alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use. No additional dwelling units shall be added where the nonconforming use results from there being more dwelling units, on the lot than is permissible in the district in which the building is located. (g) Enlargement to nonconformingr structure. A structure that is nonconforming may be altered, remodeled or otherwise improved, but not enlarged, unless the board of adjustznent determines (pursuant to section 106-1.91) that such erilaroreinent will not result iii an increase in the degree of nonconformity with the regulations and development standards of the district in which it is located. (1) Submission of schedule to eliminate nonconformity. The applicant shall present to the board of adjustment a schedule for elimination or substantial reduction of the nonconformity over a reasonable period of time not to exceed 20 years, or setting -forth the reasons why such action is not reasonably possible, (2) Approval of schedule by board of adjustment. The board of adjustment shall raview and' mace any revisions found necessary to ensure that priority is given to elinaination or reduction of those noncon.formities that have signifiemit, adverse impacts on surround- ing properties, and -which can reason.abiy be ameliorated taking into account the effect of the configuration of the lot and the location of existing structures and th.e cost of eliminat ing or substantially reducing such nonconfor-mities. (h) Abandonment of nonconforming use or nonconforming structure. (1) A nonconforming use shall be deerned abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The nonconforming us. , when abandoned, shall riot resurne. (2) A nonconforming structure shall be deemed abandonedvilien the structure ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The use of the nonc onforming sti-ticture, when abandoned, shall not resume. (3) MThen it has been determined by the enforcement officer that a nonconforming use or structure has been abandoned, notification shall be made by cart-ified mail -to the owner (as shown on the certified tax rolls-) of the abandoned nonconforming use or structure. The owner or his representative seeking to maintain such nonconforming use or structure I appeal eal the enforcement officer's decision to the board of adjustment. The property owner or his representative seeking to ran-intain the existing nonconforming Sump. No, 1 CD106:39