01-06-14 Council Packet - Laserfiche WebLink

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1. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: a. The nonconformity or occupancy is discontinued for a period of more than one year; or b. Any nonconforming use is destroyed by fir e or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in or der to mitigate any newly created impact on adjacent property. Of specific importance to this topic is the requirement that while the use can be continued it cannot be expanded. Secondly, if the use is discontinued for a period of more than one year it cannot be reestablished. As requested by the City Council the applicant provided leasing information to verify the continuance of the outdoor storage use. Based on a review of this information it appears that as of 2007 approximately 4.15 acres of the pr operty was leased and used for outside storage purposes by nine (9) separate businesses. As of January 1, 2010, the leased outdoor storage area had dropped to a total of 1.5 acres by 5 separate businesses as follows: Business Use Outdoor Storage Area (Sq. Ft.) Bu i lding Lease Area (Sq. Ft.) BHS Roadrunner Truck Storage 2000 0 Nitti Rolloff Dumpster Storage 10,840 2,760 Custom Deckwork Shop/Truck Storage N/A N/A Pomp’s Tire Shop/Outdoor Tire Storage 26,000 5,891 On time Lawn & Snow Contractor Office/Outdoor Storage 27,850 4,760 Total 66,690 13,411 No lease info receive d for C ustom D eckwork. Owner ’s representative indicated small area was leased. Based on this information the property , while still noncon forming for several other reasons , was in c onformance with the outdoor storage area to building ratio. The lease agreement with MiniMobile Inc., including the use of approximately 130,000 feet of outdoor storage area , was not executed until March of 2011. Accordingly, staff is of the opinion that the occupation of the site by MiniMobile constitutes an expansion of the non -conforming use and is not allowed under the zoning ordinance.