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AUG 2 0 eJ BOOK 5 u F 7 - A rezoning to a commercial zoning district would only eliminate the nonconforming use of the property and all of the other non - conformities would remain. The significance of 'the numerous nonconforming aspects of the property is that a site plan could never be approved unless all site related nonconformities were eliminated. Therefore, rezoning along is, not a viable option for the use of the property. Residential use, in conformance with RM -10 zoning standards is a more viable option. Due to minimum land area requirements of 10,000 square feet for two dwelling units, only one dwelling unit could be established on the property (total land area is 8,479 sq. ft.). Residential use of the structure would bring the use into conformance with RM -10 zoning and site improvements such as the provision of only two off street parking spaces (as opposed to five spaces for retail use) would permit an easier conversion to residential use than commercial use. Staff is unable to identift, any viable option other than conver- sion of the existing st_:_ ��;.._ to residential use. Any amendment to the zoning ordinance to permit the reestablishment of a non- conforming use to the extent necessary to provide for reestab- lishment of this particular grocery store would (in effect) nullify any mechanism to guarantee that eventually, over usually long periods of time, uses and structures will convert to uses conforming to the zoning ordinance. RECOMMENDATION Staff recommends that the request to consider reestablishment of a nonconforming use be denied based on the above analysis and Mr. Saffold be encouraged to assess how the property could be used in a residential manner Chairman Scurlock believed this structure was built before we even had zoning in -the County and operated for many years as a grocery store. Then it became in such disrepair, it needed a new roof, and because of financial problems, it has been vacant for five years. Commissioner Bird noted we have a lot of MXD in this area and wondered if any part of the area is predominantly commercial. 44 CURRENT NONCONFORMING ASPECTS OF SITE (continued) Improvement Ccnforming Nonconforming - Height X Coverage X Specific Lot, Structure, or Use X Lot Width X Parking Spaces X Paving X Drainage X Landscaping X Screening X A rezoning to a commercial zoning district would only eliminate the nonconforming use of the property and all of the other non - conformities would remain. The significance of 'the numerous nonconforming aspects of the property is that a site plan could never be approved unless all site related nonconformities were eliminated. Therefore, rezoning along is, not a viable option for the use of the property. Residential use, in conformance with RM -10 zoning standards is a more viable option. Due to minimum land area requirements of 10,000 square feet for two dwelling units, only one dwelling unit could be established on the property (total land area is 8,479 sq. ft.). Residential use of the structure would bring the use into conformance with RM -10 zoning and site improvements such as the provision of only two off street parking spaces (as opposed to five spaces for retail use) would permit an easier conversion to residential use than commercial use. Staff is unable to identift, any viable option other than conver- sion of the existing st_:_ ��;.._ to residential use. Any amendment to the zoning ordinance to permit the reestablishment of a non- conforming use to the extent necessary to provide for reestab- lishment of this particular grocery store would (in effect) nullify any mechanism to guarantee that eventually, over usually long periods of time, uses and structures will convert to uses conforming to the zoning ordinance. RECOMMENDATION Staff recommends that the request to consider reestablishment of a nonconforming use be denied based on the above analysis and Mr. Saffold be encouraged to assess how the property could be used in a residential manner Chairman Scurlock believed this structure was built before we even had zoning in -the County and operated for many years as a grocery store. Then it became in such disrepair, it needed a new roof, and because of financial problems, it has been vacant for five years. Commissioner Bird noted we have a lot of MXD in this area and wondered if any part of the area is predominantly commercial. 44