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situation, noting that 29 Demont was completely vacant, whereas his Arcade property has at all times been at least 50% occupied. Staff would suggest that in the Demont case, the property was vacant for more than one year, whereas in the current Arcade case, the property operated as a single family home for more than one year. However, the appellant's point is a correct observation, and distinguishes it from the City's determination in the Demont decision. 4. The appellant argues that the structure does not lend itself to efficient conversion or use as a single family home due to architecture and floor plan/layout. The arguments presented in this regard relate to practicalities, primarily to costs and design. Some of the suggestions would not typically be required by the City in the event of a conversion, such as removal of one or the other garages and driveways, or of one of the kitchens. Instead, conversion to single family unit would need to meet only those requirements as defined (see above). It would appear that the primary required change would be to open up the area between the two units, with some of the conditions becoming legal-nonconformities (e.g. two garages or two curb cuts). It is acknowledged that this minimal change may yield an oddly designed single dwelling, and that this issue has practical considerations for the owner. 5. The appellant notes that the potential income generated from the rental unit is an important component of his personal finances. While obviously important to the appellant, such circumstances are unfortunately not considered issues on which the City can make land use decisions. Options for the Board of Adjustments and Appeals. The appeals process is regulated by Section 922-A of the zoning ordinance, and is intended to "... provide for an appeal process when it is alleged that there is an error in any order, requirement, decision or determination by an administrative officer in the enforcement of this Ordinance." The ordinance does not specify the categories or types of conditions necessary for the Board to make its determination. The ordinance does require that approval requires a 2/3 affirmative vote (basically, four votes of the Board). As such, the Board of Adjustment and Appeals will need to make a finding that an error was made, and identify the conditions which support the finding. The options are as follows: A. Approve the appellant's request, overturning the staff decision that the unit vacancy at 2955 Arcade (one of two units in a non -conforming structure) constitutes a discontinuation of the two-family use of the property. This determination would be made based on the following factors: 1. Only one of the units was empty for more than one year. 2. The property was physically maintained during the period as two separate dwelling units, and the applicant undertook no efforts, nor showed any intention, to convert the structure to a single family structure. (Staff notes that the appellant has never actually applied for a rental license, though he had been made aware of this requirement.)