Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02-24-2005 Regular Meeing and Public Hearing
ZONING BOARD OF ADJUSTMENT MINUTES OF NOVEMBER 23, 2004 Members Present: Sidney Grant, Charles Schoppe, George Maltsberger, Bob Capen, Rod Rothermel, Alternate No. 1 Lawrence McNeal, and Alternate No. 2 Gilbert Montemayor Members Absent: City Staff Present: Interim Planning Director Wayne Sabo, Assistant City Attorney Clark Askins, and Planning Secretary Peggy Lee 1. CALL TO ORDER. Chairperson Sidney Grant called the meeting to order at 6:02 p.m. 2. APPROVE MINUTES OF THE SEPTEMBER 23, 2004, MEETING. Minutes of the meeting were approved as presented. 3. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED ALTERNATE NO. 1 LAWRENCE MCNEAL. Assistant City Attorney, Clark Askins, administered the Oath of Office to Alternate No. 1, Lawrence McNeal. 4. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED ALTERNATE NO. 2 GILBERT MONTEMAYOR. Assistant City Attorney, Clark Askins, administered the Oath of Office to Alternate No. 2, Gilbert Montemayor. 5. CONSIDER VARIANCE REQUEST #VO4-010, REQUESTED FOR THE PROPERTY LOCATED AT 1700 ROSCOE STREET. THE APPLICANT. SEEKS A VARIANCE TO ALLOW THE CONSTRUCTION OF A 10' X 28' ADDITION ON THE SOUTHWEST SIDE OF AN EXISTING GARAGE FACING THE STREET. THIS VARIANCE IS BEING SOUGHT UNDER THE TERMS OF SECTION 106492B(2) OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE. A. STAFF PRESENTATION Interim Planning Director, Wayne Sabo, presented staffs report. The applicants, Ted and Kim Powell, have requested a variance to allow construction of a 10' x 28' addition to the southwest corner of an existing 25' x 28' detached garage on property located at 1700 Roscoe Street. For clarification, Mr. Sabo noted the issue is not the size of the building; it is the encroachment into the rear yard setback of the existing garage, which is a pre-existing non -conforming building. Public notices were mailed to 12 property owners. Four responses were received in favor of the request, one was returned undeliverable and none in opposition. B. PROPONENTS Chairperson Grant swore in Ted Powell, of 1700 Roscoe, currently residing in El Lago. Mr. Powell presented pictures that showed the streetscape and a view of the proposed Zonin9 Board of Adjustment • Minutes of November 23, 2004 Page 2 addition, partially under construction. Mr. Powell spoke of the previous poor condition of the property and his attempts to make improvements. Chairperson Grant swore in Paul Schaider, of 1708 Roscoe. He noted the property owners have cleaned up the property. Mr. Schaider works for Pfeiffer & Son and is aware of a utility easement on the property, which reduces options for building placement. He noted the City has exhibited flexibility in supporting the Main Street effort and requested the City show the same flexibility for the Powell's attempts to improve their property. He added that Roscoe Street does not have much traffic. C. OPPONENTS There were no opponents present. Motion by Bob Capen to approve Variance request #VO4-010 to allow construction of a 10' x 28' addition on the southwest side of an existing garage facing the street at 1700 Roscoe Street. Second by Rod Rothermel. The motion carried. Ayes: Capen, Rothermel, Schoppe, Maltsberger, and Grant Nays: Abstain: 6. CONSIDER VARIANCE REQUEST #VO4-011, REQUESTED FOR THE PROPERTY LOCATED AT 519 NORTH BROADWAY. THE APPLICANT SEEKS A VARIANCE TO REDUCE THE STANDARD BUILDING SETBACKS FOR AN EXISTING STRUCTURE ENCROACHING INTO THE BUILDING SETBACKS. THIS VARIANCE IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-192B(2) OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE. A. STAFF PRESENTATION Mr. Sabo presented staffs report. The applicant, William A. Benson, Jr., has requested a variance for a reduction in the standard building setbacks for an existing structure encroaching into the building setbacks at the property located at 519 North Broadway. Encroachments occur along the rear of the property and along Broadway. The structure is an abandoned pre-existing, non -conforming structure. There was discussion and Mr. Sabo answered questions from the Board. B. PROPONENTS Chairperson Grant swore in Steve Robinson, of Alliance Commercial Investments, representing Will Benson. Mr. Robinson provided copies of a preliminary site plan as well as a handout with information pertaining to the variance request. The proposed use of the building will be officetwarehouse. Mr. Robinson outlined all the measures necessary to develop conformance. He assured the Board all of those items would be completed. C. OPPONENTS There were no opponents present. Motion by Bob Capen to approve Variance Request #VO4-011 to reduce the standard front yard setback from 20' to 2', and the standard rear yard setback from 10' to 8', contingent upon completion of the items submitted at the meeting by the applicant titled Measures to Develop Conformance. The items are enumerated as follows: 'C Zoning J Board of Adjustment • • Minutes of November 23, 2004 Page 3 ■ Landscaping must equal at least 6% of total lot coverage area. ■ Signage design, dumpster equipment, and dumpster screening measures must adhere to standards under La Porte Zoning Ordinance. • Installation of driveway standards must conform to requirements of applicable development guidelines and La Porte Zoning Ordinance. ■ Parking lots and loading areas must be constructed from concrete or asphalt. ■ Development must comply with applicable Americans with Disabilities Act (ADA) regulations. ■ Reconfigure fencing to meet requirements of La Porte Zoning Ordinance, including removal of fencing, which presently encroaches into landscape portion and front yard setback. ■ All mechanical, electrical, and plumbing equipment/systems must be updated or replaced as necessary to meet the requirements of applicable building and construction codes and/or La Porte City ordinances. Second by Charles Schoppe. The motion carried. Ayes: Capen, Schoppe, Rothermel, Maltsberger, and Grant Nays: Abstain: 7. STAFF REPORTS A. BOARD'S TRAINING SESSION Mr. Sabo talked about a possible training class for the Board in February. B. OTHER MATTERS No other matters were discussed. 8. ADJOURN Chairperson Grant adjourned the meeting at 6:50 p.m. Submitted by, eu'� 0-9-0- Peggy YeV Planning Secretary Approved on this day of Sidney Grant /' / Chairperson, Mning Board of Adjustment 200J f ' TABLE OF CONTENTS EXHIBIT A -STAFF REPORT EXHIBIT B-PREVIOUS CITY RESPONSES TO ALLEGATIONS EXHIBIT C-MAP OF PROPERTY IN QUESTION EXHIBIT D-HCAD DATA EXHIBIT E--APPLICATION Staff Report February 24, 2005 Appeal of Enforcement Officer's Decision #A 05-001 Property owner: C & C Grocery Applicant: Melvin Walker, Tenant Location: 2219 Underwood Road Legal description: TR 490A, La Porte Outlots Present zoning: General Commercial (GC) Surrounding North: General Commercial (GC) zonine: South: General Commercial (GC) East: General Commercial (GC) West: Underwood Road Background: Several points of order will be discussed. The previous City responses, point by point, to Mr. Walker's allegations are attached to this report for your consideration. The applicant is appealing the Enforcement Officer's decision to apply Code of Ordinances Sec. 106-261, 106-262 Nonconforming Structures to this existing building. At the time when Lomax was consolidated to the City of La Porte, the property in question was assigned a zoning classification of R-1 Residential. This was done under the provisions of Ordinance 780, the Zoning Ordinance in effect at that time. On January 26, 1987, as part of the comprehensive rezoning of LaPorte, the property in question was zoned general commercial, as was the strip all along Underwood Road. The comprehensive rezoning was in conjunction with the adoption of the City's present Zoning Ordinance No. 1501 (Chapter 106) and as an element of La Porte's Comprehensive Plan. Total land area is 18,892 sq. ft. (0.43 ac.) with building area 4,000 sq. ft. As per HCAD, the present structure was built in 1982. Initially, the north portion of the building was used as commercial retail (C&C Grocery) and south portion as a restaurant. In early 1990s, the Harris County acquired easterly right-of-way for widening of Underwood Road. This commercial establishment lost gasoline dispensers/canopy area along with some parking spaces on Underwood Road. However, records do not reflect any non -conformities or outstanding building code violations for this property. Zoning permits show that 2219 Underwood #B was not in use from August 28, 1998 until September 30, 1999. This nonuse was in excess of 180 days. Mr. Melvin Walker was working towards reopening a restaurant and needed additional parking to meet the City's parking requirements. Mr. David Schoolcraft owned/managed property behind the prospective restaurant and leased it to Mr. Walker as a parking area. An oil Board of Adjustment February 24, 2005 #A 05-001 Page 2 of 4 site parking has to serve the primary use within 300 ft. of the building at 2219 Underwood Road. Off -site parking within General Commercial zone is classified as a Conditional Use per Section 106441 of the Zoning Ordinance. Mr. Melvin Walker applied for a Special Conditional Use Permit #SCU 99-001, for the subject tract leased from Mr. David Schoolcraft to construct off -site parking for serving a restaurant located at 2219 Underwood Road. The Planning and Zoning Commission and Council approved the request subject to an annual review. On September 3, 1999, The Texas Grill Restaurant was issued a zoning permit signifying that it was in conformance with the City's Zoning Ordinance. Due to a legal conflict with the landlord, and loss of the oil site parking area, the dine -in restaurant was forced to close December 2000 and remained so until April 12, 2004. At Mr. Walker's request, on April 12, 2004, he received a zoning permit for the Texas Grill for "catering only" no "dine-W' permitted. Again at his own request, Mr. Walker appeared before the Planning and Zoning Commission for a Special Conditional Use permit (SCU#04-009) to allow off -site parking and to be able to re -open the Texas Grill. City Council approved the request on June 14, 2004, subject to the provisions of the SCUP to wit temporary parking would be permitted on a leased area for six (6) months and a signed lease agreement for permanent parking be submitted for review by the City Attorney. This lease for permanent parking was never submitted thereby negating the provisions of the SCUP. The zoning permit and Certificate of Occupancy were, therefore, never issued. The Texas Grill open illegally on July 10, 2004. Mr. Walker's ' contention is that he was "illegally forced" to comply with the zoning ordinance in 1999. His basis for that line of reasoning is that his restaurant was a pre- existing -nonconforming use since 1982 which pre -dates the current zoning ordinance. As discussed, however, the non -conforming use was abandoned for greater than 180 days and, therefore forfeited. See analysis below. 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. b) That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated • Is Board of Adjustment February 24, 2005 #A 05-001 Page 3 of 4 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. • Section 106-261 states that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where not existing, wherever and whenever possible, except when necessary to preserve property rights. • Section 106-262 (g) states that, "A structure that is nonconforming may be altered, remodeled or otherwise improved by not enlarged, unless the board of adjustment determines that such enlargement will not result in an increase in the degree of nonconformity with the regulations and development standards of the district in which it is located." By enlarging the restaurant space from one half of the building as in 1999 to the entire building in 2004, the nonconforming use was enlarged. The structure was; therefore required to become conforming by the 2004 SCUP. The structure and use would have become conforming by complying with the conditions set forth SCU#04-009. • Section 106-262 (h)(1) states "A nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days. As previously discussed, the restaurant was closed from 1998 to 1999 and again from 2000 to 2004. The use, therefore was abandoned. The re -opening of the restaurant required conformity with the zoning ordinance as satisfied by SCUP #99- 001 and the requirements of SCUP #04-009 • Section 106-263 (b) states that "Any nonconforming use or structure may be changed to a use conforming to the regulations established in this chapter for the district in which the nonconforming use or structure is located ... A non- conforming use or structure so changed shall not thereafter be returned to a nonconforming use or structure." The Texas Grill opened in a conforming status in 1999 and applied for a SCUP in 2004 to conform again to the zoning ordinance. Section 106-263 (b) specially prohibits a use reverting to nonconforming status. Board of Adjustment February 24, 2005 #A 05-001 Page 4 of 4 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. 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 zoning laws and the comprehensive plan of the city. Conclusion: One central issue to this appeal is whether the Texas Grill is a pre-existing non- conforming use and therefore, not subject to the conditions set forth in the zoning ordinance regulating the provision of a business operating in a General Commercial zone. The Texas Grill opened in a conforming status in -1999 under SCUP #99-001 and, at Mr. Walker's own request, applied to do the same in 2004 after an abandoned use. SCUP #04-009 was approved by Council and to date, the requirements have not been met. Section 106-263 (b) clearly and specially prohibits a use, once conforming, from reverting to nonconforming status. Appeals: Asper Section 106-196 of the Code of Ordinances of the City of LaPorte: 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. • • 'reX A5 July 16, 2004 Mr. Melvin Walker TEXAS GRILL 2219 Underwood Rd. LaPorte, TX 77571 Dear Mr. Walker: City of La Porte Established 1892 Thank you for our meeting of Thursday, July 15, 2004 regarding your permit concerns. In response to our meeting and the letter and e-mail I received on Friday, July 16, 2004, please find the following: You state "that your building was constructed in 1982 as a restaurant before the current Zoning Ordinances went into affect on September 22, 1997 and therefore they should not apply." DIVISION 9. NONCONFORMING BUILDINGS, STRUCTURES AND USES Zoning Ordinance § 106-146. Zoning permit for nonconforming uses, lots and structures. A zoning permit shall not be required but may be applied for and shall be issued for nonconforming uses, lots, or structures. However, in the event of any subsequent application or building permit or of any change in occupancy the enforcing officer may require other evidence that the nonconforming use, lot, or structure legally existed prior to the effective date such property became subject to the terms of these regulations. Zoning Ordinance § 106-261. Generally. ... nonconformities in " the use and development of land and buildings are to be avoided, -or eliminated where now existing, wherever and whenever possible, except when necessary to preserve property rights, specific structures, lots, or uses established prior to the date these regulations became effective as to the property in question,... However, Zoning Ordinance § 106-262. Nonconforming structures. (h)(1) Abandonment of nonconforming use or nonconforming structure. A nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The nonconforming use, when abandoned, shall not resume. 604 W. Fairmont Pkwy. 9 La Porte, Texas 77571 • (281) 471-5020 • Page 2 Per the attached Zoning Permits, 2219 Underwood #B was not in use from August 28, 1998 until September 03, 1999. Therefore, the nonconforming status of this structure became null and void and the current Zoning Ordinances are applicable. You state that Texas Grill is a restaurant; therefore the building use has not changed. Per the attached Zoning Permit of September 3, 1999 the Texas Grill Restaurant was in conformance with the City of La Porte's Zoning Ordinances and was operating in that status. Zoning Ordinance § 106-263 (b). Nonconforming uses. ...Whether or not a use is more conforming to the zoning district in which the nonconforming use or structure is located is a question to be determined by the planning director, subject to appeal as provided in this division. A nonconforming use or structure so changed shall not thereafter be returned to a nonconforming use or structure. This ordinance clearly states that once you have attained conforming status you can not return to nonconforming status, therefore the current Zoning Ordinances are applicable. On April 12, 2004, you received a Zoning Permit for the Texas Grill for "catering only" no "dine in" permitted. With your application you stated "We will only use the kitchen, wash area, new restrooms, and office area at this time. We will use rest at latter date after parking is worked out for dine in service." (see attached) On May 20, 2004 the Planning and Zoning Commission held a public hearing regarding your request for a Special Conditional Use Permit (#SCU04-009) to allow off -site parking for your restaurant. The Commission recommended approval of your request to City Council. On June 14, 2004 City Council approved your Special Conditional Use Permit with conditions. The condition we are waiting on at this time is the receipt of a signed lease agreement for permanent parking for review by the City Attorney. Upon receipt of the signed agreement to the City of La Porte's Planning Department, the Texas Grill can open immediately. If I can be of further assistance, please let me know. Sincerel , Debra B. Feazelle City Manager DBF:db Attachments 0 ZONING § 106-146 copies as the enforcing officer may require for city review, showing the lot lines, subdivision name and the lot and block numbers, the location of the building on the lot, accurate dimensions of building and lot, and such other information as may be necessary to provide for the enforcement of zoning regulations. This plan shall be prepared after the lot has been staked by a licensed surveyor. A record of the original copy of such application and plans shall be kept in the office of the enforcing officer and a duplicate copy of the approved plan shall be at the building at all times during construction. _ Sec. 106-142. Zoning permits. In order to ensure that all new construction and the use of all existing and new structures and the use of land shall comply with the terms of these regulations, a zoning permit shall be required in accordance with the rules in section 106-143. Sec. 106-143. Application for zoning permit. An application for a zoning permit shall be filed in the office of the enforcing officer on forms provided by the enforcing officer. Upon approval, a zoning permit shall be issued stating that the building or proposed use of a building or premises complies with the provisions of this chapter. A permanent record of all such permits shall be kept on file in the office of the enforcing officer, and copies shall be furnished, on request, to any person having proprietary or tenancy interest in the building affected. Sec. 106-144. Zoning permit to establish new use or change of use of property. No vacant land shall be occupied or used, except for agricultural purposes, and no building hereafter erected, reconstructed, altered, or enlarged, shall be occupied or used nor shall any building have a change in its use or occupancy until a zoning permit shall have been issued by the enforcing officer stating that the building or proposed use of the building or premises complies with the provisions of this chapter. Sec. 106-145. Zoning permit and building permit. A zoning permit shall be applied for coincident with the application for building permit; it shall be issued within ten days after the erection, addition, or alteration of such building or use has been completed in conformity with the provisions hereof, as determined by a final inspection. The enforcement officer shall not issue a zoning permit for any use or structure not in conformance with this chapter or any other ordinance of the city in accordance with state law. Sec. 106-146. Zoning permit for nonconforming uses, lots and structures. A zoning permit shall not be required but may be applied for and shall be issued for nonconforming uses, lots, or structures. However, in the event of any subsequent application CD106:29 § 106-146 LA PORTE CODE or building permit or of any change in occupancy the enforcing officer may require other evidence that the nonconforming use, lot, or structure legally existed prior to the effective date such property became subject to the terms of these regulations. ec. 106-147. Certificate of existing conforming uses. A zoning permit shall not be required but may be applied for and shall be issued for any existing use of land or structure which conforms to the requirements of these regulations. Sec. 106-148. Utility connections; prior zoning permit approval required. For all new construction and the use of all existing and new structures, no public utilities under the city's direction and control shall be connected to such building or structure until the zoning permit approval required by this chapter has been granted. Sec. 106-149. Application fees. ry All written requests shall be accompanied by a filing fee sufficient to offset all costs of publication and notice required by statute or ordinance but in no event less than the amount established by the city council and listed in appendix A. Secs. 106-150-106-170. Reserved. ' DIVISION 5. AMENDMENTS Sec. 106-171. Amendment procedures. .. The city council may from time to time, on its own motion, the motion of the planning and zoningcommission or on petition, amend supplement, thane modify or repeal the regula- tions, � P PP change, Y P lm tions, restrictions, and boundaries herein established. (1) Public hearing before the city planning and zoning commission. Before taking any action on any proposed amendment, supplement, change, or modification, the city council shall submit the same to the city planning and zoning commission which shall make a preliminary report and hold a public hearing thereon before submitting its final report to the city council. (2) Notice of public hearing before city planning and zoning commission. Written notice of all public hearings before the city planning and zoning commission on proposed changes in classification shall be sent to owners of real property lying within 200 feet of the property on which the change in classification is proposed, such notice to be given not less than ten days before the date set for hearing, to all owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. At least 15 days notice of the time and place of such hearing shall be published once in a newspaper of general circulation in the city. CD106:30 ZONING § 106-261 Sec. 106-237. Conformance with thoroughfare plan. All buildings shall be placed in such a manner that they will not obstruct future streets which may be constructed using existing rights -of -way or dedicated rights -of -way in accor- dance with the adopted thoroughfare plan of the city. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-238. One principal building allowed per lot. Except in the case of apartment or condominium developments, industrial developments and planned unit developments, as provided for in this chapter, not more than one principal building shall be located on a lot. The words "principal building" shall be given their common, ordinary meaning; in case of doubt or on any question of interpretation the decision of the enforcement officer shall be final, subject to the right of appeal to the'board of adjustment. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-239. Application of yard and parking requirements to through lots. On a through lot within residential districts (a lot fronting on two substantially parallel streets), the rear lot line shall be defined as the major street, where access is prohibited, and the minimum rear yard setback shall be 20 feet for applying the yard and parking regulations of this chapter. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-240. Minimum building setback. Except in a planned unit development, no building shall be located closer than ten feet from any existing or proposed street right-of-way. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Secs. 106-241-106-260. Reserved. DIVISION 9. NONCONFORMING BUILDINGS, STRUCTURES AND USES* Sec. 106-261. Generally. The general public, the planning and zoning commission and the board of adjustment are 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, except when necessary'to preserve property rights, specific structures, lots, or uses established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the planning and zoning commission and the board of adjustment to assist the city council in achieving this goal by advising the city council of their *Note —See the editor's note to div. 8. Supp. No. 1 CD106:37 § 106-261 LA PORTE CODE recommendations thereon. As necessary, the city council may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any nonconforming use within the city. (1) Conforming use does not change to nonconforming use if adjacent property subsequently changes zoning classification. A use that conforms to the zoning regulations on the effective date of this zoning ordinance at the time of initial development of the site shall not subsequently be deemed a nonconforming use solely because the use changes on an adjoining property. (2) Accessory use of structure. No structure that is accessory to a principal nonconforming use or a nonconforming structure shall continue after such principal use or structure has been terminated, removed or otherwise brought into compliance, unless it complies with all of the regulations of the district in which it is located. (Ord. No. 15014-1, § 5(exh. D), 2-9-98) Sec. 106-262. Nonconforming structures. (a) Limitation on regulation. No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a nonconforming structure solely for a failure to comply with provisions relating to Article V, Division 2, Accessory Buildings, Uses, and Equipment, of this chapter. (b) Continuance of nonconforming structures. Subject to all limitations herein set forth, any nonconforming structure may be occupied and operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged unless the enlargement is made in accordance with the provisions of section 106-262(g) of this chapter. (c) Accidental damage to structure. If a building occupied by nonconforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt unless it conforms with the provisions of this' chapter. In the case of partial destruction by fire or other causes, not exceeding 50 percent of its value, as determined by a licensed appraiser, the enforcing officer of the city may issue a permit for reconstruction. If greater than 50 percent and less than total, the board may grant as a special exception a permit for repairs but not for enlargement or reconstruction of the building. (d) . Obsolescence of structure. The right to operate and maintain any nonconforming structuie shall terminate and shall cease to exist whenever the nonconforming 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. The enforcement officer of the city shall notify 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 Supp. No. 1 CD106:38 § 106-261 IAA PORTE CODE recommendations thereon. As necessary, the city council may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any nonconforming use within the city. (1) Conforming use does not change to nonconforming use if adjacent property subsequently changes zoning classification. A use that conforms to the zoning regulations on the effective date of this zoning ordinance at the time of initial development of the site shall not subsequently be deemed a nonconforming use solely because the use changes on an adjoining property. (2) Accessory use of structure. No structure that is accessory to a principal nonconforming use or a nonconforming structure shall continue after such principal use or structure has been terminated, removed or otherwise brought into compliance, unless it complies with all of the regulations of the district in which it is located. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-262. Nonconforming structures. (a) Limitation on regulation. No structure, otherwise in accordance with the provisions of these regulations or an amendment hereto, shall be rendered or be deemed a nonconforming structure solely for a failure to comply with provisions relating to Article V, Division 2, Accessory Buildings, Uses, and Equipment, of this chapter. (b) Continuance of nonconforming structures. Subject to all Iimitations herein set forth, any nonconforming structure may be occupied and operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged unless the enlargement is made in accordance with the provisions of section 106-262(g) of this chapter. (c) Accidental damage to structure. If a building occupied by nonconforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt unless it conforms with the provisions of this chapter. In the case of partial destruction by fire or other causes, not exceeding 50 percent' of its value, as determined by a licensed appraiser, the enforcing officer of the city may issue a permit for reconstruction. If greater than 50 percent and less than total, the board may grant as a special exception a permit for repairs but not for enlargement or reconstruction of the building. (d) , Obsolescence of structure. The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming 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. The enforcement officer of the city shall notify 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 Supp. No. 1 CD106:38 • • ZONING § 106-262 into compliance with this chapter, or other 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. (e) Determination of replacement cost. In determining the replacement cost of any noncon- forming structure, the cost of land or any factors other than the nonconforming structure itself, shall not be included. (f) Repairs and alterations. Repairs and alterations may be made to a nonconforming 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 nonconforming structure. A structure that is nonconforming may be altered, remodeled or otherwise improved, but not enlarged, unless the board of adjustment determines (pursuant to section 106-191) that such enlargement will not result in 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 review and make any revisions found necessary to ensure that priority is given to elimination or reduction of those nonconformities that have significant adverse impacts on surround- ing properties, and which can reasonably be ameliorated taking into account the effect of the configuration of the lot and the location. of existing structures and the -cost of eliminating or substantially reducing such nonconformities. (h) Abandonment of nonconforming use or nonconforming structure. (1) A nonconforming use shall be deemed abandoned when the use ceases to be used for the nonconformity for a period of.180 consecutive calendar days. The nonconforming use, when abandoned, shall not resume. (2) A nonconforming structure shall be deemed abandoned when the structure ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The use of the nonconforming structure, when abandoned, shall not resume. (3) When it has been determined by the enforcement officer that a nonconforming use or structure has been abandoned, notification shall be made by certified 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 may appeal the enforcement officer's decision to the board of adjustment. The property owner or his representative seeking to maintain the existing nonconforming Supp. No. 1 CD106:39 City of La Porte • 604 W Fairmont Pk La Porte, Tx 77571 (281)471-5020 ext 259,286 INSPECTION LINE: (281)471-9662 ****ZONING PERMIT**** ---------------------------------------------------------------------------- Application Number . . . . . 98-00001276 Date 7/16/04 Property Address . . . . . . 2219 UNDERWOOD RD BFI HCAD Number . . 003- - - Application description . . . ZONING PERMIT Subdivision Name . . . . . . BFI ONLY ACCOUNTS Property Use . . . . . . . . Property Zoning . . . . . . . UTILITY BILLING ONLY Property owner . . . . . . . ABUSADA MAHMOUD Owner address . . . . . . . . 2219 UNDERWOOD RD. LA PORTE TX 77571 (281) 471-1310 Other struct info SIC CODE (ZONING PERMITS) ---------------------------------------------------------------------------- Permit . . . . . . ZONING PERMIT Additional desc . . 2219 UNDERWOOD #B Permit Fee . . . . .00 Issue Date 8/28/98 Valuation . . . . 0 Expiration Date 2/25/99 ---------------------------------------------------------------------------- Special Notes and Comments 2:l9;.,. UNDERWOOD,==RD �#g.s ;mow- : 2. NO BUSINESS MAY BE OPERATED. A SEPARATE ZONING PERMIT WOULD BE REQUIRED PRIOR TO ANY BUSINESS OPENING AT THIS LOCATION. Fee summary Charged Paid Credited Due --------------------------------------------------------- Permit Fee Total .00 .00 .00 .00 Grand Total .00 .00 .00 .00 ---------------------------------------------------------------------------- THIS PERMIT BECOMES INVALID WITH ANY CHANGE OF USE, OCCUPANCY, TENANCY OR OWNERSHIP OF THIS BUILDING OR LEASE SPACE. OWNER OR AGENT _DATE ZONING ADMINISTRATOR DATE City of La Porte 604 W Fairmont Pk � La Porte, Tx 77571 (281)471-5020 ext 259,286 INSPECTION LINE: (281)471-9662 ****ZONING PERMIT**** ---------------------------------------------------------------------------- Application Number 99-00001323 Date 7/16/04 Property Address :;;:2219.:.. UNDERWOOD. RD;.:UB HCAD Number 023-141-000=0490 Application description . . . ZONING PERMIT Subdivision Name . . . . . . LA PORTE OUTLOTS Property Use . . . . . . . . REAL COMMERCIAL Property Zoning . . . . . . . COMM -..GENERAL Property owner GROCERY' Owner address .' 2219 UNDERWOOD RD LA PORTE TX 775719452 Other struct info SIC CODE (ZONING PERMITS) ---------------------------------------------------------------------------- Permit . . . . . . ZONING PERMIT Additional desc . . TEXAS GRILL BLDG B SIC 5812 Permit Fee . . . . .00 Issue Date ,g gk%, 3 99�,r_v'�- valuation . . . . 0 w�: Expiration Date 3/02/00 ---------------------------------------------------------------------------- Special Notes and Comments - :'ADDRESS: 2219 UNDERWOOD-BLDG B TEXAS,,GRFL P- RESTAURANT'',` SIC 5812`'.:r.:,.,.. Fee summary ----------------- Permit Fee Total Grand Total Charged .00 .00 Paid Credited Due ------------------------------ .00 .00 .00 .00 .00 .00 THIS PERMIT BECOMES INVALID WITH ANY CHANGE OF USE, OCCUPANCY, TENANCY OR OWNERSHIP OF THIS BUILDING OR LEASE SPACE. OWNER OR AGENT _DATE ZONING ADMINISTRATOR DATE § 106-262 LA PORTE CODE structure shall have the burden of proving to the board of adjustment in such appeal that the structure or use has not been abandoned for a period of 180 consecutive calendar days, and that the owner or his representative did not intend to abandon the nonconforming structure or use during said 180-day period. (Ord. No. 15014-1, § 5(exh. D), 2-9-98) Sec. 106-263. Nonconforming uses. (a) Continuance of nonconforming uses subject to this chapter. Subject to the provisions of this chapter relating to extended useful life of nonconforming uses, any nonconforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the nonconforming use on the effective date of this ordinance, provided that such land area or floor area shall not be increased, except that such limitation shall not apply for farming uses. (b) Changing a nonconforming use. Any nonconforming use or structure may be changed to a use conforming to the regulations established in this chapter for the district in which- the nonconforming use or structure is located, or the nonconforming use or structure may be changed to a use or structure more conforming to the zoning district in which the nonconform- ing use or structure is located. For purposes of this section, the term "more conforming to the zoning district in which the nonconforming use or structure is located" shall mean a less intense use, (per the Standard Industrial Classification Code). Whether or not a use is more conforming to the zoning district in which the nonconforming use or structure is located is a question to be determined by the planning director, subject to appeal as provided in this division. A nonconforming use or structure so changed shall not thereafter. be returned to a nonconforming use or structure. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-264. Notification of nor-coaforming status. Owners and occupants of property subject to extended useful life and/or termination of nonconforming status pursuant to this division shall be notified of such status by the planning director of the city. The planning director shall mail written notice, prior to or concurrently with the notice of public hearing pursuant to section 106-266, to all persons having an interest is property (as shown by the tax rolls of the city) where the property is located and to the occupant of each nonconforming use in the city by regular and by certified mail, return receipt requested. The notice shall state that the use is subject to a determination of its extended useful, -life and termination requirements and shall specify the procedures for obtaining an exemption from the extended useful life and termination requirements of sections 106-265 and 106-266. (Ord. No. 1501-Z-1, § 5(exh. D), 2-9-98) Sec. 106-265. Application for exemption from extended useful life requirement. (a) Application requirements. An owner or qualified occupant of a nonconforming use or structure may seek an exemption from the extended useful life and termination requirements of section 106-266. The grounds upon which such an exemption may be sought shall be either: Supp. No. 1 CD106:40 City of La Porte • 604 W Fairmont Pk � La Porte, Tx 77571 (281)471-5020 ext 259,286 INSPECTION LINE: (281)471-9662 ****ZONING PERMIT**** ---------------------------------------------------------------------------- Application Number . . . . . 03-00000717 Date 7/16/04 Property Address . . . . . . 2219 UNDERWOOD RD UB A HCAD Number . . . . . . . 023-141-000-0490 Application description . . . ZONING PERMIT Subdivision Name . . . . . . LA PORTE OUTLOTS Property Use . . . . . . . . REAL COMMERCIAL Property Zoning . . . . . . . COMM - GENERAL Property owner . . . . . . . C & C GROCERY Owner address . . . . . . . . 4302 MAGNOLIA LN SUGAR LAND TX 774785454 Other struct info . . . . . SIC CODE (ZONING PERMITS) X ---------------------------------------------------------------------------- Permit . . . . . . ZONING PERMIT esc :;: REAL:.ESTA'I`E. PURPOSES #10000;::: Permit Fee .00 Issue Date 5/23/03 Valuation . . . . 0 Expiration Date 11/19/03 ---------------------------------------------------------------------------- Special Notes and Comments MELVIN WALKER SIC#10000 REAL ESTATE PURPOSES ONLY **MUST HAVE NEW ZONING PERMIT PRIOR TO OCCUPANCY Fee summary ----------------- Permit Fee Total Grand Total Charged .00 .00 Paid Credited Due ------------------------------ .00 .00 .00 .00 .00 .00 ^ - - - - - - - - - - - - - - - - - - --------------'-'-------- - - - - - - - - - - - - - - - - - - `VHIS PERMIT BECOMES INVALID WITH ANY CHANGE OF USE, OCCUPANCY, TENANCY OR OWNERSHIP OF THIS BUILDING OR LEASE SPACE. OWNER OR AGENT _DATE ZONING ADMINISTRATOR DATE City of La Porte • 604 W Fairmont Pk La Porte, Tx 77571 (281)471-5020 ext 259,286 INSPECTION LINE: (281)471-9662 ****ZONING PERMIT**** ---------------------------------------------------------------------------- Application Number . . . . . 04-00000454 Date 7/16/04 Property Address s2219 ::.UNDERWQM�=�RD.„UB.: A HCAD Number . . . . . . . . . 023-141-000-0490 Application description . . . ZONING PERMIT Subdivision Name . . . . . . LA PORTE OUTLOTS Property Use . . . . . . . . REAL COMMERCIAL Property Zoning . . . . . . . COMM - GENERAL Property owner . . . . . . . C & C GROCERY Owner address . . . . . . . . 4302 MAGNOLIA LN SUGAR LAND TX 774785454 Other struct info . . . . . SIC CODE (ZONING PERMITS) X ---------------------------------------------------------------------------- Permit . . . . . . ZONING PERMIT Additional desc CATERING ONLY /#5.8121/TEXAS: Permit Fee . . . . 25.00 Issue Date . . . . 4/12/04 Valuation . . . . 0 Expiration Date 10/09/04 Qty Unit Charge Per Extension BASE FEE 25.00 ---------------------------------------------------------------------------- Special Notes and Comments M.R.W. GROUP , INC _ „DBA `TEXAS GRILL SIC # 5 812 s..( MELVIN4WALKER) *NOTE* THIS ZONING PERMIT IS FOR "CATERING ONLY" NO "DINE IN" PERMITTED Fee summary Charged ----------------- ---------- Permit Fee Total 25.00 Grand Total 25.00 Paid Credited Due ------------------------------ 25.00 .00 .00 25.00 .00 .00 THIS PERMIT BECOMES INVALID WITH ANY CHANGE OF USE, OCCUPANCY, TENANCY OR OWNERSHIP OF THIS BUILDING OR LEASE SPACE. OWNER OR AGENT _DATE ZONING ADMINISTRATOR DATE • City of LaPorte P.O. Boa 1115 LaPorte,Texas 77572-1115 To Whom It May Concern, r <� L�. �jjI DEC 2003 i Attached is the Permit application for Texas Grill & Catering, located at 2219 1,TadeAwood Rd. Yve %, ill not be using all of the building at this time. `:fie v�ill only use the Kitchen, wash area, new restrooms, and cif ice area at this time. We will use rest at latter date after parking is worked out for dine in service. At this time building will only be used for preparing food for off site catering, We will employee only 4-5 employees total Any question I can be reached at 2 81-471-4647 Thank You, 03 Melvin Walker owner CM COPY r • CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www.a.la-aortelcus Phone: (281) 471-5020 / Fax (281) 471-1868 September 1, 2004 Mr. Melvin Walker % MRW Group, Inc. 2219 A Underwood LaPorte, TX 77571 RE: Letter of August 31, 2004; Received by the City on September 01, 2004. Dear Mr. Walker: This letter is in response to your letter dated August 31 '2004. We wish to provide clarity and simplify the situation. There are only'two issues that need to be addressed. The discussion of the abandonment of structures or use adds confusion to the current situation. The first issue deals with the need for a zoning permit. Sections 106-442, 106-143 and 106- 144 of the City's Code of Ordinances all address the need for a zoning permit. New structures,. the use of existing buildings and the change in use or occupancy all require the issuance of a zoning permit. The issuance of this permit requires staff to review the site for compliance with current city regulations. That review identified a deficiency in required on - site parking. The second issue is the required on -site parking mentioned above.' In accordance with zoning regulations, minimum required parking requirements vary based on different uses. Due to the nature of the business, a restaurant use requires' a large number of on -site - spaces. Unfortunately, the site in question has "limited on -site parking". To satisfy this deficiency, an individual is required to obtain a Special Conditional Use Permit for the use of "leased off -site parking". As you recall the same situation was addressed in 1999 when you wished to open a restaurant (That Place) at this same location. At that time, your restaurant was to occupy only one-half of the building in question. You made application and appeared before the Planning & Zoning Commission and City Council to obtain the required Special Conditional Use Permit (SCUP#99-001) for the use of leased off -site parking: In addition, Council required the certificate of occupancy to be renewed annually to ensure the required off -site parking remained available to that business. 1� S 2 This year you proposed to re -open a restaurant business (Texas Grill) except this time you chose to utilize the entire building rather than just half the building as in 1999..You were again advised about the same Special Conditional ' Use Permit process to meet the parking demands for your. business. The number of parking spaces would directly relate to the amount of restaurant square footage. You made application and appeared before the Planning & Zoning Commission and City Council. Council granted your SCUP #04-009 subject to the conditions noted in the permit. Condition #3, modified by. the City Council, mandated that you provide copies of the executed lease agreements to .be duly approved by the City Attorney. The lease agreement for the permanent parking area was not signed by the appropriate parties and, therefore, not approved. This condition of your permit has not been completed. Staff will be happy to issue you a zoning permit as soon as the required, leased off -site parking requirements are satisfied. We look forward to the resolution of this matter and wish you success in your business endeavor. If you have any questions, please feel free contact me at #281-471-5058. Res tfully, ab Interim Planning Director Xc: Mayor and Council John Joerns, Acting City Manager Cynthia Alexander, Assistant City Manager Building File Code Enforcement File City of La Porte Special Conditional Use Permit # SCU 04-009 This permit is issued to: Melvin Walker Owner or Agent 12219 Underwood Road, La Porte, TX 77571 Address For Development of: Texas Grill Restaurant Development Name 2219 Underwood Road, La Porte _ Address Legal Description: TR 490A. La Porte Outlots Harris County, Texas Zoning: General Commercial (GC) Use: Off -site parkins Permit Conditions: 1. Special Conditional Use Permit for the lease of off site parking will be limited for a period of six (6) months. 2. The, proposed permanent site for off site parking will be in compliance with all applicable City regulations, will require screening and /or landscaping of the parking lot and shall be approved only after review of a certified site plan 3. Lease agreement, duly approved by the City Attorney, shall be filed with the City Secretary. 4. A certificate of occupancy, renewable annually, shall be required 5. The Developer shall comply with all applicable laws and ordinances of the City and State of Texas. Failure to begin construction within 12 months after issuance or as, scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated,, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning tf the entire tract shall be in full effect on the portion which is undeveloped. Validation Date City Secretary SUBLEASE AGREEMENT M1y I ly/,`14 993LESSOR OF 2219 UNDERWOOD, LA PORTE, TEXAS 77536, DO HEREBY SUBLEESE THE PREMISES OF 2219 UNDERWOOD. LA PORTE. TEXAS 77536 TO MEW GROUP. INC. MATTHEW RYAN WALKER' AS PRESIDENT/VICE PRESIDENT/SECRETARY OF ABOVE MENTIONED CORPORATION. UNDER THE TERMS MENTIONED BELOW: I MATTHEW RYAN WALKER, PRESIDENT/VICE PRESIDENT/SECRETARY OF MRW GROUP; INC DO HEREBY SUBLEASE THE PREMISES AT 2219 UNDERWOOD, LA PORTE TEXAS 77536 UNDER THE CONDITIONS AND TERMS LISTED BELOW: 1. NO MONTHLY RENTAL AMOUNT DUE UNDER THE CONDITIONS THAT I OPERATE THE PREMISES AS A RESTAURANT 2. NO OTBER PAYMENTS OR FEES. DUE TO SUBLESSOR 3. EXPIRATION OF SUBLEASE IS SET BY SUBLESSOR IN REFERENCE TO. THE LEASE AGREEMENT THAT IS HELD BY SUBLESSOR SUBLESSOR UBLEASEE • i� September 30, 2004 Mr. Melvin Walker % MRW Group, Inc. 2219 A Underwood LaPorte, TX 77571 CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www.ci.la-r)orte.tx.us Phone: (281) 471-5020 / Fax (281) 471-1868 RE: Letter of September 20, 2004; Received by the City on September 20, 2004. Dear Mr. Walker: This is in response to your referenced letter. The City of La Porte continues to support our position stated in a letter to you, dated September 1, 2004. Section 106-261 of Chapter 106, City Code of Ordinances states in part " The general public, the planning and zoning commission and the board of adjustment are 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, except when necessary to preserve property rights, specific structures, lots or uses established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the planning and zoning commission and the board of adjustment to assist the city council in achieving this goal by advising the city council of their recommendations thereon." All of the previous points of discussion aside, you, upon your own initiate, appeared before a public hearing and the Planning and Zoning Commission on May 20, 2004, to present your plan to open your restaurant in a conforming status. The Commission, taking you at your word, recommended to City Council that you be allowed to open your restaurant subject to the provisions supplied in your own plan. In turn, the City Council heard your petition and after a public hearing on the same matter, approved your plan on June 14, 2004. What we are requesting at this time is that you simply conform to the provisions you supplied in your plan which convinced both the Commission and the City Council that you agreed to open the business in a conforming status and, thereby, agreeing to the spirit of the Zoning mandate to eliminate non -conformity. Concerning the matter of your alcohol permit; your current application includes the Texas Grill. Given that the City contends that the restaurant is not in compliance with the current City Zoning permit, we are advised by the City Attorney not to sign off on the application. Your Zoning Permit states that you may operate "CATERING ONLY, NO DINE IN PERMITTED". This permit was issued to M.R.W. Group INC. Should you wish to re -apply for a catering alcohol permit under that entity, we would be happy to consider the application. Respectfully, John Joerns Assistant City Manager Xc: Mayor and Council John Joerns, Acting City Manager Cynthia Alexander, Assistant City Manager Building File Code Enforcement File • CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www.cL1a-Dorte.tx.us us Phone: (281) 471-5020 / Fax (281) 471-1868 November 3, 2004 Texas Alcohol Beverage Commission 427 West 20'h Street; STE 600 Houston. Texas 77008 RE: Alcohol Permit Application, Texas Grill Catering, 2219 Underwood, La Porte, Texas 77571 Dear Sir/Madam: Reference the attached permit application, the City of La Porte, though consultation with your staff attorney and our City attorney has been advised to forward this application for Texas Grill Catering with a letter of clarification. Due to zoning issues, the applicant's use of the property/facility referenced on the application for an alcohol permit is limited. Attached at enclosure 1 is a copy of the applicant's zoning permit that was issued April 12, 2004. This permit authorized the applicant, Texas Grill, to operate under Standard Industrial Code #5812 "FOR CATERING ONLY, NO DINE -IN PERMITTED" To date, catering is the only permitted use for the facility. The applicant, Mr. Melvin Walker, had applied to the City of La Porte to open the Texas Grill as a dine -in restaurant. While he was issued a Special Conditional Use Permit, it is the City's position that he never fulfilled the requirements of the permit and, therefore, was not issued a zoning permit or a certificate of occupancy for the operation of a full service restaurant. The use of the facility reverts to the last approved zoning permit for catering only. It must be clear that the City of La Porte forwards this application to TABC with the understanding that this action does not constitute the City's acceptance of the operation for the Texas Grill as a dine - in restaurant and defers interpretation of this alcohol permit application to TABC for catering purposes. Sincerely, Wayne J. Sabo Interim Planning Director 1 Enclosure: as stated Attachment: TABC Permit Application Texas Grill Catering Cc: Department File City Secretary City Attorney re XA$ October 4, 2004 Mr. Matt Walker % MRW Group, Inc. 2219 A Underwood LaPorte, TX 77571 RE: Letter of September 20, 2004; Received by the City on September 20, 2004. Dear Mr. Walker: This is in response to your referenced letter. It is apparent that the City differs on what the "core issues" are. The City's position is accurately stated in a letter. to Mr. Melvin Walker dated September 1, 2004' (attached). . Aside from. the position described in the September 1 letter, Mr.. Melvin Walker, on his own initiative, appeared in a public hearing before the Planning and Zoning Commission on May 20, 2004, to present a plan to open the restaurant in a conforming status. The Commission recommended to City Council that Mr. Walker -be allowed to open the restaurant subject to the provisions supplied in his own plan. In turn, the City Council heard the petition and after a public hearing on the same matter, approved the plan on June 14, 2004 by approving a Special Conditional Use Permit (SCUP) with several provisions (attached). The issues regarding the issuance of a zoning permit will be cleared up once Mr. Walker simply conforms to the provisions of the approved SCUP. Concerning the matter of the alcohol permit; the current application " ' includes the Texas . Grill .(see attachment). Given that the City's position that the restaurant is not in compliance with the current City Zoning permit, we are advised by the City Attorney not to sign off on the application. The Zoning Permit states that Mr. Walker may operate "Catering Only, No -Dine in Permitted". This permit was issued to M.R.W. Group INC. Should you wish to re -apply for an alcohol permit under that entity and for the catering business only, we would be happy to consider the application. This position has previously been verbally discussed with Mr. Melvin Walker. oerns, Asotant City Manager xc: Ma}(or and Council Debra B. Feazelle, City Manager Cynthia Alexander, Assistant City Manager Building File Code Enforcement File 1 WA iIII'll -- 4" MTV _ F.t 5 n .• � �'�'S' 4r�''�� fit _r i UITY OF D(tER"PARK ' I 'Y1 l t F T� f t >w �� �'S` 1 � n .`'�4 -.: L ,� sue• t wa�o Bbi:)Y' k- lUN ERWOOD; ¢ a'' rN;fT:s� +x ipROPOSED PERMANENT iZ y+ a P, y �; t �ZSAFETY G;1�Mt �NT, BLDG. T ( RME,R>_FYNC,H A/C., z 41 M m tq }�. �j,� E. RAG E G 1 AdI�IT ' a�i, ,-O O<l • • ONII1:�M011 HCAD: Appraisal Record De '1 Page 1 of 1 0 Ir Personal: Account Number Address Owner Name Advanced Commercial Property Data Account Number: 0231410000490 Tax Year : 2004 Location: 2219 UNDERWOOD RD View Main Screen Parcel ID : 20 - 00920.1 - 12.0 - 197.1 - 0 / 000 - 001 9 Card Bldg / Unit : / Year Built : 1982 1 CAMA CI1 -- Class ; Commercial Economic Area : 14 Improved 374 -- Retail - Land Use : Multiple Map Facet : 6054D Occupancy Structure Type ; Retail - Multiple yp Occupancy Key Map: 539W Total Living Units : 0 Neighborhood : 9702.1 Total Units : 0 Building Class : E Land Area : 18,892 sq. ft. Net Rentable Area : 0 sq. ft. Building Area : 4,000 sq. ft. Office -Warehouse Ratio : 0 Land -To -Building Ratio : 4.723 Building Grade : C- Fronting Traffic : Major Traffic Code : Medium Thoroughfare Wall Exterior Phys Sequence 1 Floors Area 01 thru 01 2,00�0 sq. Height Perimeter 12 ft 130 ft. Wall AC Type Concrete Block Central Condition Heat Type Fair Hot Air Construction Type Use Type Wood Joist (Wood and Steel) Retail Store 2 01 thru 01 2,00�0 sq. 12 ft ' 130 ft. Concrete Block Central Fair Hot Air Wood Joist (Wood and Steel) Retail Store For any problems or questions with any account, please email us with the account number (if you have it) and the nature of the problem or question. Home Records Maps Forms HCAD Info Links News http://www.hcad.orglcgi-binICAMAIComImproved. asp?acct=0231410000490&taxyear=2... 1 /27/2005 HCAD: Appraisal Record De '1 Page 1 of 3 . . . 1P 0 Personal: Account Number Address Owner Name Advanced Real Property Account C Printer Friendly Version HCAD Account # : 0231410000490 Tax Year : 20047 Owner Name: C & C GROCERY Ownership ' History... Owner Address : 4302 MAGNOLIA LN SUGAR LAND TX 77478-5454 Property Address : 2219 UNDERWOOD RD LA PORTE TX 77571 Legal Description : TR 490A LA PORTE OUTLOTS State Class Code : F1 -- Real, Commercial Homestead Exemption : -- Special Exemption : -- Disabled Veteran Exemption(s) : -- Jurisdiction Codes : 020. 040 047 071 Overlapping/Shared CAD : No Notice Date : 4/27/2004 Capped Account : No ARB Approved : 8/6/2004 Hearing Scheduled : 7/29/2004 Value Status : All Values 8:45:00 AM Certified Your taxes will be based on Appraised Value, less applicable exemptions, if any. Use market value for comparison with your neighbors. The appraised value below will reflect the homestead cap if applicable. 2003 2004 Market Valuation Appraised Change 2004 Appraised Value Land : 23,620 0 23,620 Improvement : 76,380 -6,180 70,200 Ag/Tmbr/Spc : 0 0 0 Total Value : 100,000 -6,180 93,820 5-Year Value History... Note: For any problems or questions with any account, please email us with the account number (if you have it) and the nature of the problem or question. http://Www.hcad.orglcgi-bin/AVIAVDetail.asp?taxyear=2004&acct=0231410000490 1 /27/2005 6054D4 - 1 ,piF31: 0 e6et 489H 489B-1 ( 48BA 1488BI !` 1 490 489 489E 1� $ 488 Harris RES A i I -00010 , ,00489 1 uatt - - - Ma - - - - I , County ZEL AWRIGHT .01eAC ; `----------- 489C ■ a 1 —099 L�A POOR 'E-029 LOT480D `, ^ 8 � Appraisal District 480C 490A I ! eat Pat Q i e 2219 1 , ' 1 tb � 0 41490 ' g10431 - - - 1 �P a ?� -ai -,-- 00 t 490B 2223 ' ye,,µ EEKMON 211 w -06e8 Ina ess.-t�3ssp -so ebOo" 1 I 10 '1ng 11 1 12 ! 13 14 1 15 I 18 I 17 ! 18 18 2D 23 , ' i o FI p j �o `- FI a �' a x / 24�) , RES H * TiZAS �' RES Al E R9 isyd F j1 f{ i ^Y �I p F' ed F I to /1 5; 25i 116 6 Men ,` WILLOW CREEK DRIVE 1 10 - - - - - - - �i° I _ ' ... °isy • so i 1 so I O0 ao g 1D 11 / b 491 °fi 274M S■■I■ 1' a 200' I[] 2 �13 4 5 g 5 7 �pQ gyp/ 12 /171 PUNUCATION OtleMe10.200iE: mie 1 Hate ^ _eo Oo so 10 I �, _ _7 teas so - °° a so _ eo_ eo ei _. ei _. -am .01-.°ts i'-',y ' f 71 13 �r1 0 � 21 20 , 19 1 162 17 1 s I 15l3� � � g �l �`C...%�0 �!� � S� � 8�� S a � +��,x\d 15 N g e,o� arse Pp j RES C al8 o- �•o ^ ^I a n et 03 �\ �8 18'�+.3,'f 66t 1� �'..*\ 5 MAPLE CREEK DRIVE �. RES A ,b n eo eae One ene ene eae aae 8 9 ' 10 \tA, s 5 W E 15 ar�yt 5 7 g �r\pp� \ . �q 4142 112MI anO .�.._-tap v `, d ae1 e0e... aw I eoO eu �aOO q 8 � , d , 3 .. 29 i 28 ftI 27 I` 25 25 24 iisrl 22 21 ,t �� $I a ! 203 1 b '; . taeyti4y.etat 1, esee,.,w. _..so —00 ..._.......... \'B 07s 4 tia 2 4 % *y. '0D 7°e7 .sue MYRTLE CREEK DRIVE '�. �4 g� ei y 1%88 41. 41. �. 1 6054D aa■ esu 2 °° to D 500 5 �' 7 ' 1 H , 9 b G4ty ,-a • � 8� �13 1 4 �I � �►.' ,�, f � 88 ee ,l.Q}.�. ..__.qq..� �� `�"� �yv SO ,•`9Q _....�� 1 «Tr 1 qb 9 � 18 15 1 � � 12 �I 11 I 10 _ � 1 �r Fe 30 .' 29 29 6054D12 'spy 1 2 3 4 5 6 7 IL 9 10 11 12 EXHIBIT E AtCITY OF LA FORTE ING BOARD OF ADJUSTMX APPEAL OF ENFORCEMENT OFFICER'S DECISION Application No.: 710, = ©Q OFFICE USE ONLY: Fee: $150.00 Date Received: 1._/ Z — Q.j /00. R.. W. jr�',112 oap .X-mc op Applicant: ! N Name Address I am the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner*: Name Address PH: I am appealing the decision regarding or the interpertation of Sect. - of the City Zoning regulations Chapter 106 of the Code of Ordinances. I am making this appeal in ards to th property 1 ca� ed at: r Street Address Legal Description ( ) Site Plan ( ) Minor Development Site Plan ( ) Major Development Site Plan ( ) General Plan A Site Plan of the property is attached Also, I have listed the informatiox 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. requested below * If applicant is NOT the owner, he most provideAuthorization to act on the Owner's behalf. l— //- AOasr Date Applicant's Signature OFFICE USE ONLY Site Plan and Authorization (if applicable) attached? Yes () No( ) Date transmitted to the Board of Adjustments: Meeting Date: Applicant Notified of Date: Board's Decision: Approved ( ) Denied ( ) Notice of Board Decision mailed to Applicant/Owner: 0 If there is not adequate room on the remainder of this form to fist 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 MATTER: Seer /t99. A.4j o&,e ,Ai.,.Y. • 12� F �0"';IT� 0 GUr�-J il/ ort/ [�� .v10 /1 /W1 rI S &o&,.04le A _S rc %D Z . 42 l /- ..ZeIO D !L (I t 7-V TYPE OF RELIEF BEING SOUGHT: Y 10L) y J t /P& e 7" PIA ili/li ',c 1, 1--A// • r u •wAle"f .S e C • lab , aly/ z2ey /,� -ff9 � do w, P., �V .1:�./ca/ �� Ace m �lv w r St 1od1�.�C3� GROUNDS FOR THE REQUEST: l�vc Ater !d,1tt4 1.'L// evaTy X4r)oT 0." �rl fiv &0 �'0004/ '.-1i d /,I/2r Alee eIIt" s '** 4.0 2!Z JP/sue uJiu.� ,r S io ge l� S:W:PShr"%INSPEMON DIVISIMStandaW FormsUONING APPEAL OFFICERS DEC.doc REVISION 10/21/03 RYC