08/23/2010 Council Packet - Laserfiche WebLink

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• • • 1. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit the City from enforcing an ordinance that applies to adults -only bookstores, adults -only theaters, or similar adults -only businesses, as defined by ordinance. 2. Notwithstanding paragraph (1), the City shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodpiain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. Staff has made an official determination that the proposed entrance addition is above the ordinance limits in regards to expansion of a non - conforming structure. If the Planning and Zoning Board and City Council agree with this determination, a Variance would be required in order to allow this expansion. The findings required in order to approve a Variance are as follows: Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The existing building has been operating as an auto body repair shop for a number of years without the proposed addition. The addition is tied to the desire to serve customers of the proposed auto sales lot, which was denied by the City Council as part of Resolution No. 10 -64. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. The land owner's desire to expand his non - conforming building on a standard, rectangular lot is what is creating the inability to meet the ordinance requirements. 3. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. Staff considers reasonable use of the property to be continued use of the site as an auto body repair shop. -33- KI Auto Page 3 of 6