09-02-1993 Public Hearing and Regular Meeting ZBOA

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Page 2 of 7 Zoning Board of Adjustment Staff Report of 9/23/93 # A93-001 mobile home, manufactured prior to 1976, may, on the same lot, be replaced by a manufactured home, constructed subsequent to 1976. Mobile homes and manufactured homes are substantially the same type of dwelling. The difference in designation is largely based on the date of manufacture. The prospective buyer was told that due to the fact that the original mobile home had previously been removed from the property, state law was not applicable. Based on this determination, a manufactured home could not be placed on the property. The buyer subsequently provided the City with copies of titles for two (2) homes. One for his manufactured home, the other for a pre-1976 mobile home titled to Mr. and Mrs. Hicks, the applicants. The buyer was again informed that due to the fact that the original mobile home had been previously removed from the property, a manufactured home could not be placed on the property. It was at this point that Mrs. Hicks, the applicant, contacted the City. Mrs. Hicks was informed that two (2) issues are involved. The first issue, which is the only one being considered in this case, is abandonment of the nonconforming use. It is the City's determination that given the time that has passed since the mobile home was removed, the nonconforming use is abandoned and cannot be resumed. The second issue is in regards to state law. In order for this law to apply, a request for replacement must be initiated while the original home is still in place on the property in question. Again, since the original home was previously removed, this law is not applicable. Mrs. Hicks, at this point, expressed her desire to appeal the City's determination. In addition to the zoning issue, a question regarding state law is involved, the matter was referred to the City Attorney's office for review. In a verbal determination, Mr. Armstrong, the Assistant City Attorney indicated the following: