12-10-1992 Public Hearing and Regular Meeting ZBOA

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met with staff and been informed that due to current zoning regulations, additional warehouse buildings could not be c9nstructed on this property. This determination was based on the Zoning Ordinance's intent to ultimately see nonconforming properties brought back into compliance with ordinance requirements and comprehensive plan intent. This can be seen in the language of section 11-605.2a which is quoted below. The applicant then inquired regarding the possibility of appeal. This application has been filed as a special exception because there is a specific special exception provision dealing with expansion of buildings occupied by nonconforming uses. It is in essence, however, an appeal of zoning regulations as enforced by staff. The applicant is proposing to locate 11 "prefab storage buildings" on the property. These storage units are to be placed on Lots 6-9; the same lots as the present buildings. The exception is being requested under the provisions of Zoning Ordinance Section 11-605.2a which deals with the expansion of structures occupied by a nonconforming use. Under the requirements of this section, the Board is empowered to grant a Special Exception to: Reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. Section 11-605 also charges the Board of Adjustment to grant a special exception only when they find: That such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. Analysis: Paragraph 2.a of Section 11-605 has proVISIOns to allow expansion of buildings occupied by nonconforming uses, but only on the "lot or tract occupied by such building(s)". Block 185 was formerly a 'T' block (see Exhibit A). The "north/south" leg of the alley has been closed and abandoned by the City (City Ordinance 1157). Lots 6-21, therefore, comprise a single tract of property. The "east/west" leg of the alley is, however, still open and dedicated.