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