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HomeMy WebLinkAbout03-28-13 Regular Meeting of the La Porte Zoning Board of AdjustmentZoning Board of Adjustment Minutes of March 28, 2013 Board Members Present: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt 2) Board Members Absent: T.J. Walker, Lawrence McNeal (Alt 1) City Staff Present: Planning Director Tim Tietjens, City Planner Masood Malik, Deputy Building Official Mark Huber, Assistant City Attorney Clark Askins, and Office Coordinator Peggy Lee 1. Call to Order. Chairman Maltsberger called the meeting to order at 6:02 p.m. 2. Consider approval of the January 10, 2013, meeting minutes. Motion by Rod Rothermel to approve the January 10, 2013, meeting minutes. Second by Charles Schoppe. Motion carried. Ayes: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt 2) Nays: None 3. Consider Appeal of the Enforcement Officer's Decision #13-95000001 for the property located at 500 West Main, further described as Lots 21-23, Block 56, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. The applicant appeals the enforcement officer's decision to deny a permit for Obsolescence of Structure, the repair costs of which exceed 50% of replacement cost of the structure. This appeal is being sought under the terms of Section 106-89 (3) of the City's Code of Ordinances. A. Staff Presentation City Planner Masood Malik presented the staff report for Appeal of the Enforcement Officer's Decision #13-95000001. The applicant, Gilbert Diaz, is appealing the enforcement officer's decision to deny a permit for remodeling the primary structure located at 500 West Main. The City has determined that the primary structure is substandard and the cost of bringing it into lawful compliance will exceed 50% of the appraised value of the structure. Mr. Malik showed photos of the interior and exterior of the building, which were taken several years ago. A City Council public hearing for possible action to declare the subject structure a dangerous building has been continued to a later date to allow the Zoning Board of Adjustment an opportunity to rule on the Appeal request. The Board questioned the use of appraisal value when dealing with replacement cost. Zoning Board of Adjustment Minutes of March 28, 2013 Page 2 of 3 B. Proponents J.B. Williamson, attorney for the applicant, was sworn in by Chairman Maltsberger. Mr. Williamson stated the City does not have the authority to declare a building obsolete by using HCAD value; rather replacement value should be used. Bill Manning, with Manning Engineering, was hired by Mr. Diaz to perform an evaluation of the building. Mr. Manning has prepared an estimate of repair to bring the building up to code and the cost to repair the building is determined to be less than 50% of the replacement cost. Mr. Williamson deferred questions from the Board relating to replacement cost to Bill Manning of Manning Engineering. William T. Manning, Jr., Manning Engineering, 108 S. 2"d St., was sworn in by Chairman Maltsberger. The Board discussed with Mr. Manning, the plans for renovation and associated costs. Mr. Manning stated the replacement value would be close to $90-$100 SF. The building could be renovated for around $50,000. The front part of the building only can be renovated and brought up to code for $20,000-$25,000. C. Opponents There were no opponents. D. Proponents Rebuttal There were no rebuttals. Motion by Sherman Moore to overturn the Enforcement Officer's decision to deny a permit for Obsolescence of Structure located at 500 West Main, with the agreement that the building, when completed, will comply with current code requirements, and the encroaching outbuilding (accessory structure) will be demolished. Second by Rod Rothermel. Motion carried. Ayes: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt 2) Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 4. Administrative Reports There were no administrative reports. 5. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. There were no Board comments. Zoning Board of Adjustment Minutes of March 28, 2013 Page 3 of 3 6. Adjourn Chairman Maltsberger adjourned the meeting at 7:03 P.M. Respectfully submitt d, Peggy Secretary, Zoning Board of Adjustment ;Passed and Approved on 2013. rge Maltsbergerhairman, Zoning Board of Adjustment