09-24-1992 Public Hearing and Regular Meeting ZBOA

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Page 2 of 4 Zoning Board of Adjustment Minutes of September 24, 1992 1. The use may not expand beyond the lot of record. 2. The exception, if granted, may not serve to prevent the return of the property to a conforming use. 3. The Special Exception must not adversely affect the value and use of neighboring property or be contrary to the best public interest. Both tracts of land are contiguous and owned by Mr. Huber. Although they have individual legal descriptions they are registered on the tax roll as a single combined listing. This satisfies Item # 1. No building additions or modifications are proposed for the tract under consideration. Richard's plans to use the existing parking lot. There are to be no changes to the property, therefore, this satisfies Item #2. The non-conforming use which was established for the property was a bar. If the special exception were granted, it would be for a business that normally operates Monday through Saturday during normal business hours. This use would be more compatible to the neighboring area than a tavern whose peak: business hours are usually evenings and weekends. This seems to satisfy Item #3. Based on the facts provided staff recommends approval of the request. Sidney Grant expressed concern that if the Board granted approval of this request, would this create a problem for the Board in the event of future requests for similar action. Mr. Harrington stated that he disagrees with the current method the City uses to describe property. Mr. Armstrong stated that the City had an accepted way of dealing with lots of record that are outside the generally accepted subdivision replat and plat requirements. Although Mr. Armstrong noted that there wasn't anything wrong with this practice he hoped that in the future we might exercise, through the Planning & Zoning Commission, an updated process that is more consistent with the intent of state law. After discussion among Board Members regarding whether or not they wanted to allow a change of business at this location, Chairman Bernay asked for representation by the applicant. She swore in W J. Huber.