8/20/1986 - Laserfiche WebLink

Home Browse Search

TO: The Honorable Members of DATE: august 7, 1986 FILE: the Board of County Commissioners DIVISION HEAD CONCURRENCE: 44vee A, /CQ'a� br RS JOHNNIE SAFFOLD' S REQUEST Robert M. Keating, AICP SUBJECT: TO REESTABLISH A NON - Planning & Development Director CONFORMING USE Mlg M by 95,_ FROM: Michael K. Miller REFERENCES: Safford Chief, Current Development MIKEII It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of August 20, 1986. PROPOSED USE AND LOCATION The subject property is located approximately 150 feet south of 44th Street, on the west side of 31st Avenue. The property is zoned RM -10, Multiple -Family Residential District, and the Land Use Plan Designation is MXD, Mixed -Use District. The Property Appraiser's records indicate that the property is owned by Lucinda Eddy. The parcel has 61 feet of frontage on 31st Avenue and is 139 feet deep for a total of 8,479 sq. ft. The existing structure was constructed in 1955 and contains about 1,000 square feet of usable area. The structure is located approximately 4 feet from the south property line and approximately 12 feet from the north property line. The surrounding neighborhood is predominantly developed for single-family residences but also includes several churches, some multiple -family developments, and several commercial extablishments. ANALYSIS Mr. Saffold contends that the property has been used for a grocery store for the past 40 years, however, the present structure has been vacant for the last 5 years. I Since the grocery store existed at this location for many years, the use of the RM -10 property as a grocery store was considered a legal nonconforming use as long as the property was continually used as a grocery store. The zoning ordinance [Sec. 25(J)(7)] requires that all legally nonconforming uses or structures that cease operation for 90 days or more shall be considered terminated and shall not thereafter be reestablished. In order to permit the grocery store to resume operation the use now must conform to the zoning district in which it is located. If the subject property was rezoned to a commercial zoning district, the use would become conforming but other nonconforming aspects of the site, notably front and sideyard setbacks, required parking, landscaping, paving and screening could not be brought into conformance with current requirements. The following table indicates the areas in which the lot, structure, or improvements are presently nonconforming.: CURRENT NONCONFORMING ASPECTS OF SITE Specific Lot, Structure, or Improvement Conforming Frontyard Setback Sideyard Setback Rearyard Setback X Nonconforming AUG43 A ® 19$6 BOOK 65 p .r 470