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Ordinance 95
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Ordinance 95
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Last modified
11/2/2016 3:39:05 PM
Creation date
7/27/2006 8:27:51 AM
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<br />., <br /> <br />-.. <br /> <br />. <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />-2- <br /> <br />8. Arti cle , Paragraph <br />of the Zoning Ordinance reads as follows: <br /> <br />as amended, <br /> <br />"Where a district boundary line divides a lot <br />in a single ownership, the Board may permit a use <br />permitted in the less restricted district to ex- <br />tend into the more restricted portion of the lot for <br />a distance of not more than 50 feet or, in case of <br />a lot running through to the next street, one half <br />of the distance from the street front of the lot <br />to the next street." <br /> <br />9. "Single Ownership" is further defined by Article <br />as follows: <br /> <br />"Possession wherein the owner does not own adjoining <br />vacant property." <br /> <br />10. of the twenty-five (25) lots having frontage on <br />the 1,000 Block of , twenty-two (22) are occupied <br />by residential structures. <br /> <br />11. Said residential usage comprises approximately 75% <br />of the total frontage along both sides of the Block of <br />said street. <br /> <br />12. The depth of the block between and <br />measured from north to south at the point of the <br />applicant's property is approximatley 388 feet. <br /> <br />13. The Commercial zone has a depth of 250 feet as <br />measured from north to south. <br /> <br />14. The Local Business A zone has a depth of approx. 31 <br />feet as measured from north to south. <br /> <br />~5. The' lot in question has a depth of 107 feet as <br />measured from , north to south. <br /> <br />16. The said three zones are contiguous. <br /> <br />17. The property in both the Local Business A and Com- <br />mercial zones is being used for one principal activity. <br /> <br />18. The applicant I s' request is for an extension of <br />the use of said property into the Residential B-1 zone for a <br />distance of 50 feet. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Board of Adjust- <br />ment that Application , requesting an exception under <br />Article , as amended, of the Zoning Ordinance to pwemir <br />the extension of the use of the premises at <br />for auto sales to the rear portion thereof for a distance of not <br />more than 50 feet beyond the north district boundary line of the <br />Business A District dividing said premises, the affected area <br />being the rear portion of premises known as <br />and the rights of ingress and egress to the rear portion thereof <br />from be denied on the following grounds: <br /> <br />1. The property at constitutes vacant property, <br />adjoining an~ distinct from the remaining co~tiguous parcels <br />owned by the applicant. Therefore, the app11cant does not pos- <br />sess a lot in single ownership as defined in Article . Thus, <br />the applicant is' not entitled to the relief sought because <br />Article , Paragraph as amended, requires that <br />the applicant pos~ess a ",lot in single ownership." <br /> <br />2. furthermore, the Applicant would not be entitled to re- <br />lief even if a "lot in single ownership" did exist, since the <br />applicant's property would then constitute a "~ot ru~ning through <br />to the next street" under the language of Art1cle ~ ' Para. <br />. . '.. <br /> <br />. - - .--. .. <br />. . - ... <br /> <br />, _ t' <br /> <br />~f.,_~.f_';', ". <br />
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