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Memorializing the City Council's February 28, 2018 decision denying an appeal of a decision of the Board of Zoning Appeals regarding the establishment of a use at 79 Western Avenue North.
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WHEREAS, on November 8, 2017, under Zoning File No. 17-214989, John Rupp (“Appellant”), owner of that property commonly known as 79 Western Avenue North (the “Property”) and legally described as “Woodland Park Addition to St Ex S 101 84 Ft; The E 14.34 Ft Of Lot 17 & The W 10.25 Ft Of Lot 18 Also Ex W 10. 25 Ft & Ex S 85 Ft Lot 18 & Ex S 85 Ft; Lot 19 & The E 2.35 Ft Of S 85 Ft Of Lot 19 & Ex Ne Tri Part; The W 31.25ft Of Lot 20 All Lying Below Pla,” duly filed an appeal from an October 30, 2017 administrative decision of the Zoning Administrator (“Administrator”) in which the Administrator determined that an area of the Property, described generally for the purposes of this appeal as the “West Addition” was, for zoning purposes, never legally established as “restaurant” space; and
WHEREAS, on December 4, 2017 and pursuant to Leg. Code § 61.601, the Board of Zoning Appeals (“BZA”) duly conducted a public hearing on the said appeal where any person interested in the matter was afforded an opportunity to be heard; and
WHEREAS, the BZA, upon the close of the public hearing and based upon all the files and records in this matter including the Administrator’s October 30, 2017 decision, the BZA’s staff report dated December 4, 2017, and all the oral and written testimony presented during the public hearing, as substantially reflected in the BZA’s adopted minutes, duly moved to deny the appeal and uphold the Administrator’s October 30, 2017 decision, based upon the following findings set forth in BZA Resolution No.17-214989 which is incorporated herein by reference:
“1. Appellant is the current owner of the Property.
2. The Property is located in an RM3 residential zoning district.
3. Certain uses at the Property, including the “restaurant” and “bar” uses at iss...
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