03-26-1992 Public Hearing and Regular Meeting ZBOA

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Page 2 of 3 Appeal of the Enforcement OIDcer's Decision #A92-001 operation actually began sometime after Matlack's repair operation moved to the Boyette location. The City's first formal awareness that a terminal was operating at this location came on June 5, 1991. On this date a Matlack truck and trailer carrying Toluene overturned on West Main Street at the terminal's driveway entrance. A copy of the Fire Department response report is attached as Exhibit C. Regarding construction of the referenced "road," staff challenges this description of the construction. What is described by the applicants as a road is actually a large surfaced area used to park trucks and trailers. Exhibit D was prepared from an aerial photograph taken in February of 1986. This exhibit shows~Boyette Street, which connects the two (2) locations, as already existing. Boyette Street is in much the same condition today as it was in 1986. There have been no substantial improvements to the road since 1986. Exhibit D also shows the area around the West Main facility that had been surfaced for use as driveway and parking in 1986. Exhibit E (prepared from the same aerial photograph) indicates the approximate area currently surfaced and used as a parking/staging area for Matlack's trucks and trailers. Staff believes this area, the "road" referenced by the applicant, was constructed to allow Matlack to begin operation as a terminal. The date of construction cannot be firmly established. The parking area was never permitted and it was built without the City's knowledge. The applicant's statement, however, places construction at a date no earlier than 1989. This was subsequent to the 1987 adoption of Zoning Ordinance 1501. Based on this date, the Matlack truck terminal located at 11230 West Main Street cannot be considered a nonconforming use. !', :W" '-1 I I }~ \' .i' y it 17/