9/19/1984 - Laserfiche WebLink

Home Browse Search

SEP 19 1984 BOOK 58 F ut 378 used as commercial. The Comp Plan specifically states that all lawful, conforming uses in existence at the date of the adoption of the Plan will be considered consistent with the Plan. Staff consistently has interpreted this to mean that A any property that is a lawful, confirming use can be expanded and used for any use allowable in that zoning district. Therefore, it is staff's philosophy that since it was zoned commercial, used commercial and grandfathered in, it should be allowed to be used for a commercial use even though that use would intensify in the future. 2) The Zoning Ordinance specifically states that there is no side yard setback requirement for commercial properties unless they abut a residential district. There is no requirement for buffering an adjacent residential use from commercial. Staff discussed this with the applicant and suggested that the setback be extensively buffered with B-10 ft. trees and hedges between the residential use and the commercial use. The applicant agreed he would not put his buildings right up to the setback, and his road comes up to the setback area, which will contribute a little more to the transition and the buffer. Staff feels that when the condominiums were established, the developer should have borne some responsibility in establishing some sort of buffer with the thought that eventually this parcel was going to be developed commercial. 1) In regard to inadequate access and public safety in relation to transportation, staff agrees that section of U.S. #1 is a dangerous area, but the developer has agreed to take certain actions which will mitigate some of those problems. Staff made a number of recommendations which were all incorporated into the final submittal of the site plan: the installation of a deceleration lane coming north on U.S. #1, which would be just south of the access point; access from U.S. #1 will be provided via two 21 -ft. one-way drives 56 M M s