HomeMy WebLinkAboutAP200800001 Presentation 2009-01-06Raoi 1\1D
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' for a pendin
. As a practice,
conditions and
History
jade by ARB Staff
after review of site
development plan.
ARB desires all
uses to be identified
during their review and prior tc)-plan
going before the Planning
Commission.
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Violatio
• Staff research c
story Cont.
ucted and
«IMI9 I'll iIM4[9 Me-grL! =•1 mitnm
fo I I oVvin g
• When primary
(repair facility)
lost.
use was demolished
any accessory use was
• Current Use was determined to be
Stand Alone Parking, requiring a special
use permit in the HC zoning district.
Re ant Ordinance - Definitions
• Accessory Use, Building or Structure: A
s ui�urtl i u i I d' r-stru-ct-ure
customarily incidental to and' located upon the
same lot occupied by the primary use,
building, or structures, and located upon la -nd
zoned-to allow the primary use, buildi g o -
structure.
• Stand alone parking.
a parking structure,
the lot on which the
area is located, that
lot.
A parking area, including
located on a lot other than
use served by the parking
is the primary use for that
Relevant Ordinance Section
• Section 24 Hi(
mercial - HC
SectaP-n-24.2 Permitted-U-ses
Secti n
24.2.1
By
Right
Section
24.2.2
By
Special
Permit
pellant's Justil
n
Appellant position hinges Rlwhether
a bite plan is required.
• Appellant was Clearly kited fora USE
violation, not a site pla7n---violation.
. Appellant's intent was -to state the
Use as legally non - conforming.
• The parcel's primary use was vehicle
repair with accessory parking. Vehicle
sales were minimal and incidental to the
primary use.
Closing Point,
. Any accessory- use wa
"rimary use (business
' demolished.
s lost
) uva�
when
.use is not iegaiiiy non- conrorming.
• Parking cannot be considered an
accessory use of adjoining parcel.
• Site plan approval is irrelevant to
abating this violation.
• Use requires a special use permit.