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Planning Director Stan Boling, through a PowerPoint presentation (copy on file), provided background and a zoning map of the subject site. He reported that the surrounding area is zoned Residential Multiple Family Unit up to 10 units an acre (RM -10), except for one business (Stew Que), which has been historically zoned Limited Commercial (CL) He related that all the evidence shows that the subject site has not been used in over one year, the grandfathering is gone, and the use of the site for commercial is at a dead end. Director Boling added that aside from the structure itself, there are site -related nonconformities, and Mr. Smith has asked staff to waive the nonconformity Land Development Regulations (LDRs). Director Boling recommended that no changes be made to the nonconformity LDRs, and affirmed that any redevelopment of the structure would have to fall under the RM -10 zoning. Vice Chairman Davis believed that the subject property was too damaged to be brought back up to code. Mr. Smith stressed that he would have no problem making the repairs, but he has been unable to proceed because the building has lost its commercial zoning. He urged the Board to give him the opportunity to make the improvements. Chairman Flescher reminded Mr Smith that he had already been given additional time to see what avenues he could explore. He believed that the structure was more severely damaged than Mr Smith has assessed. Building Official Jose Guanch described the extent of the detenoration, revealing that staff is concerned about the structural integrity of the entire building. He emphasized that it would take a lot of work to get the building back on track. Commissioner Solari pointed out that the building has lost its grandfather clause because it was abandoned for a long time; thus, that is no longer the issue. He declared that the problem is that the type of land use proposed by Mr Smith is not permitted in the RM -10 zoning. January 15, 2013 9 143 P6 3'8