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HomeMy WebLinkAboutAP200800001 Presentation 2009-01-06Raoi 1\1D mYtt Wis. r- -arjlr IP jp L F ■ is' IL PW a MMICI r F1 L Y 1 - ' A G ;:i]Jr r l'r% ng • s rvfc-J- J s _ �!r ti* 1f1; 4 •� i+ F\l J Viol � �- itj�i- co�n-p I a i o n-FEB- 12 f ; ' 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. j , AN L1,-CLL Nf�r J 1 IA ya h, 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.