Laserfiche WebLink
APR 12 '96 15:43 KENNEDY & GRAVEN P.5 <br /> • Joyce Pruitt . <br /> April 12, 1996 <br /> Page 4 <br /> would certainly be within their discretion to deny such a variance request based on <br /> (• the criteria set forth in Section 1125.02 of the City Code. <br /> CONCLUSION <br /> While the Planning Commission and City Council certainly have the discretion to <br /> interpret the non-conforming use provisions and the criteria for granting a variance <br /> from the setback requirements of the City Code based on the facts and evidence <br /> presented to them by the applicant, it would appear from the facts as they have been <br /> presented at this point, that the applicant's request to construct and 24'x44' gas <br /> pump canopy on the property could be denied based upon either the non-conforming <br /> use provisions of Chapter 1123 or the criteria for granting a variance under Chapter <br /> 1125 of the City Code. The Planning Commission and City Council would be certainly <br /> within their discretion to deny the applicant's request based on the requirements set <br /> forth in either of those Chapters of the City Code. The decision should be upheld <br /> against any possible court challenge that may be brought by the applicant. <br /> If you have any questions, please feel free to contact me. I am planning to attend <br /> ( the Planning Commission meeting on April 17 as you have requested unless I hear <br /> from you otherwise. <br /> S'•cerely, • <br /> f ' <br /> Robert . Long <br /> RCL:jes <br /> s <br /> Br=10301S <br /> MU125-45 <br />