HomeMy WebLinkAboutAP200900008 Presentation 2009-11-13Notice of Violation Appeal
AP20090008
Robert I. Heide
Manager of Enforcement
November 10, 2009
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Backgriound of Appeal
Property is leased from T. E. Wood
Zoning complaint filed July 2, 2009
• NOV sent July 24, 2009
. Appeal filed August 24, 2009
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Appellant s Jumiftcanon Corr Appeal
. Public Safety
j When compared to the prior non - conforming use,
a Ng store Is safer.
Description of Property.
Tax Map 046, Parcel 2BA1
J 2.01 acre lot
• R1 Residential Zoning District
• Overlay Districts
Airport Impact Area(AIA)
Entry Corridor (EC)
Dctert- ninatloll of Violation
. Notice of Violation cites section §13.2
of the
Zoning Ordinance.
* R1 Zoning District
§13.2.1 By Right
u §13.2.2 Special Use Permit
^Staff Response
• Intent of section 13.2 is to address
residential development.
• Retail uses are not permitted, Just as
restaurant uses are not permitted.
• Prior non - conforming use was lost In two
ways:
i More than two years has passed since the prior
non - conforming use was terminated.
The appellant's use is not a continuation of the
prior non- conforming use.
(sounds for "7,A Decision --
= Investigation found that:
• Prior non - conforming use ceased April 2007
• New retail use began after June 2009
• No zoning clearance approval
• New commercial sign and outdoor display of rugs
Pictures Were takenarr"Nov, butreaeclro ofoosprrarlo Nov.
Conclusion
• Section 13.2 is clear. Retail use is not a
permitted in the R1 Zoning District.
• Staff recommends affirmation of the Zoning
Administrator's determination.
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