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two residences are located on a single parcel; <br />a mobile home is located on the site and used as an on- <br />going residence; and <br />• a density of one unit per + 1.24 acres occurs on the <br />site; this density exceeds both the RFD and A-1/AG-1 <br />maximum allowable densities. <br />Nonconformities Regulations and the Proposal <br />The nonconformities chapter of the county's land development <br />regulations was established to permit the continuation of legal <br />nonconformities under certain circumstances. It is also the stated <br />intent of the chapter to "... promote the phasing out of <br />nonconforming structures, uses, and characteristics of uses and <br />combinations thereof... [904.02]." On properties where <br />nonconformities exist, such as the subject property, development <br />and redevelopment proposals are guided by section 904.05, a portion <br />of which states the following: <br />"... No nonconformity shall be enlarged, increased, or changed to <br />a different nonconformity, except upon a determination by the <br />director of community development that the change results in <br />lessening the degree of the nonconformity". <br />All parties seem to agree that Chapter 904 regulations apply to the <br />proposal and that, according to Section 904.05, the proposal must <br />result in a lessening of the degree of nonconformity in order to be <br />approved. The applicant asserts that the proposal would reduce the <br />number of nonconformities related to the site by eliminating the <br />mobile home nonconformity. Thus, the applicant asserts that, if <br />the mobile home use nonconformity is eliminated, the result is a <br />lessening in the degree of nonconformity (see attachment #1). <br />In staff's opinion, mobile homes, by definition, by experience, and <br />by their treatment in the LDRs, are "temporary" in comparison to <br />site -built homes. The curing of mobile home use nonconformities is <br />accomplished by removal of the mobile home from the site, as <br />described in LDR section 904.08(2) [see attachment #5]. <br />Replacement of the mobile home with a site -built residence is <br />another matter which impacts the degree of nonconformity on site. <br />It is staff's position that the density and the two units on a <br />single parcel nonconformities would be made permanent by the <br />construction of a second site -built home on the subject parcel. In <br />staffIs-opinionI such an action would contradict the stated intent <br />of Chapter 904 to "phase out" nonconformities (see attachments # 3 <br />a 4). Construction of a second site -built house on the parcel <br />would firmly establish the density and the two units on a single <br />parcel nonconformit-ies in a manner that would preclude the ability <br />to eventually lessen or phase-out those nonconformities. <br />Precedent and Policy <br />At the March 26, 1992 Planning and Zoning Commission meeting, staff <br />did not specifically stress the precedent -setting implications of <br />approving the applicant's appeal, although a Planning and Zoning <br />Commissioner did specifically state that such an approval would set <br />an undesirable precedent in terms of continuing non -conforming <br />densities. <br />Based upon experience, staff feels <br />will arise that must be treated in <br />Just one example of an existing lot <br />51 <br />that many similar situations <br />the same manner as this case. <br />illustrates this point. <br />APSc�ooK �� c„,�c <br />2 8199 <br />