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BOOK 8, 6, F'IIU O"f I <br />Staff's reasoning is sound. Staff's analysis recognizes that <br />determining the degree of nonconformity goes beyond simple, <br />quantitative analysis (two types of nonconformities are less <br />than three). Rather, staff's analysis and reasoning recognize <br />the qualitative differences between the existing <br />nonconforming situation and the nonconforming situation that <br />would result if the proposal is approved. Staff's decision is <br />based upon an analysis that compares the "before" and "after" <br />situations. <br />3. Staff did not fail to consider adequately the effects of the <br />proposed development upon surrounding properties, traffic <br />circulation or public health, safety and welfare. The <br />protection of surrounding properties from the permanent <br />continuation of excessive densities and corresponding impacts <br />is best served by staff's decision. Staff's decision denies <br />a proposal that would essentially preclude compliance with <br />adopted land use plan and zoning densities in the subject <br />area. <br />4. Staff did not fail to evaluate the application with respect to <br />the comprehensive plan and LDRs of the county. As previously <br />stated, staff's decision implements the stated purpose of the <br />nonconformities chapter which is to "phase-out" <br />nonconformities. Also, as previously stated, staff's decision <br />allows for the future possibility of the subject site coming <br />into compliance with the land use plan. <br />The applicant's appeal letter cites seven comprehensive plan <br />policies/objectives that are purported to support the appeal <br />(see attachment #1). Most of the cited polices/objectives <br />actually support staff's determination; the remainder are not <br />relevant. The three cited land use objectives/policies are <br />implemented via the land use plan. The land use plan <br />accommodates and properly locates residential areas and <br />appropriate densities. Upholding the land use plan, as <br />staff's decision does, is paramount in implementing the cited <br />policies/objectives and in protecting the property rights and <br />values of county residents. The cited housing and economic <br />development objective/policies support a decision (such as <br />staff's) which would allow the "more affordable" mobile home <br />to remain. Any housing code violations which could possibly <br />exist at the mobile home could be cured by repair or removal <br />of the mobile home.. The applicant's proposed replacement of <br />the mobile is not necessary to correct any possible housing <br />violations. <br />In general, the land use plan implements and embodies most, if <br />not all, of the comprehensive plan elements. As such, lack of <br />conformity with the land use plan constitutes a high degree of <br />nonconformity with the comprehensive plan. Such a land use <br />plan -related nonconformity should not be made permanent by the <br />construction of a second site -built structure on the subject <br />parcel. <br />54 <br />