HomeMy WebLinkAboutZ-4728-B Staff AnalysisMarch 16, 1987
Item No. 8 - Other Matters
Owner: Terry Benefield
Address: 4013 Baseline Road
Request: To appeal .a zoning enforcement staff
decision concerning the nonconforming
status of the property located at 4013
Baseline Road.
STAFF REPORT:
The owners are requesting the Board of Adjustment to review
a determination made by the Enforcement Office that when
this property was annexed it came into the City as "R-2"
Single Family with no nonconforming status. Staff made this
decision because the structure was unoccupied at the time of
annexation. The owners feel that this is incorrect and have
provided documentation to support their position.
This matter is before the Board as the result of a rezoning
case. In September of 1986, a "C-3" rezoning request was
filed with the Planning Commission to permit a key shop.
After debating the issue, the Planning Commission
recommended approval of "C-1" because of it being a more
restrictive district. The request was forwarded to the
Board of Directors which denied the 11C-1" rezoning.
Throughout the process, staff did not support any commercial
reclassification of the property. Since the Board of
Directors' decision, a legal action has been filed which is
still pending. The owners have also attempted to establish
a nonconforming status for the property and that is the
question before the Board of Adjustment at this time.
(Attached is the documentation provided by the owners for
the Board's consideration.)
BOARD OF ADJUSTMENT ACTION:
The owner was represented by Robbie Wilson, an attorney.
Steve Giles of the City Attorney's Office spoke briefly and
described the pending court case from the rezoning action.
Mr. Wilson then addressed the Board and said that
information provided by Mr. Benefield showed that a
nonconforming activity had continued after the 12 month
period. He went on to review the area and discussed the
court case. Jim Hathcock of the Zoning Enforcement Office
said that his staff had limited information when their
decision was made determining the status of the property.
Mr. Giles indicated to the Board that the ordinance has a
March 16, 1987
Item No. 8-- Continued
deficiency in the nonconforming section and they would be
justified in finding a nonconforming status for the site.
David Noble, proposed buyer of the property, said that the
structure had experienced many internal changes and that it
could never be used as a residence. Additional comments
were made by the various individuals including Mr. Giles who
discussed the rezoning action. A motion was then made which
stated that the nonconformity had not been discontinued and
that the site was a nonconforming property. The motion was
approved by a vote of 7 ayes, 0 noes and 2 absent.