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Z-8680 Staff AnalysisSEPTEMBER 26, 2011 ITEM NO.: A File No.: Z-8680 Owner/Applicant: Stormy Cubb Address: 9921-9925 Lanehart Road Description: Southeast corner of Lanehart Road and Honeysuckle Lane Zoned: R-2 Variance Requested: An administrative appeal is requested regarding the nonconforming use status of the buildings on the property. Justification: The applicant's justification is presented in an attached letter and separate packet of supporting documents. Present Use of Property: Single Family Residence and non-residential buildings Proposed Use of Property: Single Family Residence and commercial use for one (1) of the non-residential buildings. STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 9921-9925 Lanehart Road is occupied by a two-story brick, rock and frame single family residence and five (5) non-residential buildings. The buildings on the property are described as follows (use attached sketch for building number): Building 1 — single family residence (9925 Lanehart Road) Building 2 — one-story frame and metal structure Building 3 — one-story frame structure Building 4 — one-story metal structure (9923 Lanehart Road) Building 5 — one-story frame structure Building 6 — one-story metal structure (9921 Lanehart Road) According to planning staff records, Building 2 previously had a nonconforming zoning status of C-1, based on the fact that a ceramics shop (Ashmore Ceramics) occupied this building and used Buildings 3 and 5 for storage. The nonconforming status for these buildings was revoked, as the buildings have been vacant (no business) since at least 2006. Building 6 had a nonconforming status of 1-2, based on the fact that a pallet business occupied the building. The nonconforming status SEPTEMBER 26, 2011 ITEM NO.: A (CON'T. for this building was revoked on June 9, 2011, based on the fact that the building had been vacant (no business) for at least six (6) months. Staff has no record of a nonconforming status for Building 4. Sections 36-151 thru 36-153 of the City's Zoning Ordinance provide criteria for the regulation of nonconforming uses. A copy of these sections is provided for Board review as part of a separate packet of information. The property owner, Stormy Cubb, is appealing staff's determination that Building 6 (9921 Lanehart Road) has lost its nonconforming status. Ms. Cubb contends that Building 6 was occupied by the pallet business (King of Pallets) when she purchased the property in 2008/2009 until January, 2010. She notes that a construction business (J.L. Reed Construction) occupied the building from March, 2010 to December, 2010, and that a countertop business has occupied the building for all of 2011. Ms. Cubb has submitted supporting documents in an attempt to prove that the nonconforming status of Building 6 should still exist. The documents are provided for Board review as a separate packet of information. Ms. Cubb notes that Buildings 2, 3,4 and 5 have no nonconforming zoning status, based on the fact that no business has utilized the buildings for over six (6) months, and in some cases for several years. Ms. Cubb occupies Building 1 (9925 Lanehart Road) as her personal residence. Ms. Cubb has informed staff that it is her intention to file a PZD (Planned Zoning Development) rezoning for the entire property in the near future. The Board is asked to determine if the nonconforming zoning status of Building 6 (9921 Lanehart Road) should still be in effect, thereby allowing the countertop business to continue to occupy the structure. BOARD OF ADJUSTMENT: (JULY 25, 2011) Stormy Cubb was present, representing the application. There were no objectors present. Staff presented the application. Stormy Cubb addressed the Board in support of the application. She explained that she had been unable to obtain statements from Entergy showing where past tenants had occupied Building 6. Vice -Chairman Smith asked about the 2011 date on the 2009 business license of "King of Pallets". Ms. Cubb stated that it was the date when the copy of the license was printed by the City. Jeff Yates noted that it was the reprint date. Jeff Yates asked about the last tenant in the building prior to the current tenant. Ms. Cubb noted that it was J.L. Reed Construction, who occupied the building until March 2011. Vice -Chairman Smith asked about the lease agreement for the construction business. He noted that more information was needed to prove the nonconforming status. In response to a question, Ms. Cubb noted that Edwin Valencia was the current tenant. SEPTEMBER 26, 2011 ITEM NO.: A (CON'T. There was additional discussion regarding the information submitted by Ms. Cubb. Mr. Yates noted that more information was needed to determine the nonconforming status. He asked if deferring the application would cause Ms. Cubb a hardship. She indicated that it would not. There was a general discussion regarding changing nonconforming uses from one (1) to another. Chairman Winchester questioned staff on nonconforming procedural issues. Mr. Yates noted that he could support continuation of the nonconforming status of Building 6 if Ms. Cubb obtained a letter from the previous tenant stating the building was occupied after December, 2010. Rajesh Mehta asked Ms. Cubb when she planned on filing a PZD rezoning request for the entire property. Ms. Cubb noted that she hoped to file it in four (4) to six (6) months. There was a motion to defer the application to the August 29, 2011 Agenda. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The application was deferred. BOARD OF ADJUSTMENT: (AUGUST 29, 2011) Staff informed the Board that the applicant requested the application be deferred to the September 26, 2011 agenda. Staff noted that the applicant needed additional time to obtain documents to support her case. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the September 26, 2011 agenda, as recommended by staff, with a vote of 5 ayes, 0 nays and 0 absent. BOARD OF ADJUSTMENT: (SEPTEMBER 26, 2011) Stormy Cubb was present, representing the application. There were no objectors present. Staff presented the appeal request. Staff noted that Ms. Cubb had submitted an affidavit from Jeff Reed, whose business occupied the building ("Building 6") for the first three (3) months of 2011. Vice -chair Smith addressed the affidavit submitted by Ms. Cubb, noting that J.L. Reed construction occupied the building prior to the existing tenant. Ms. Cubb confirmed that the building was only vacant for three (3) months. This issue was briefly discussed. There was a motion to approve the requested appeal, and reestablish the nonconforming zoning status (1-2) for Building 6 at 9921 Lanehart Road. The motion passed by a vote of 5 ayes, 0 nays and 0 absent. The application was approved.