09-23-1993 Public Hearing and Regular Meeting ZBOA

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Page 2 of 7 Zoning Board of Adjustment Minutes of 9/23/93 The mobile home in question, has been located on this lot since the 1983 Spenwick/Collegeviewannexation. After the removal of the mobile home from this lot, the owner offered the property for sale. A prospective buyer, who wanted to place another manufactured home on the property, contacted the Inspection office. He based his request on a provision of state law that one time only a mobile home, manufactured prior to 1976, may, on the same lot, be replaced by a manufactured home, constructed subsequent to 1976. The prospective buyer was told he would not be allowed to place a manufactured home on the property. Since the original mobile home had already been removed from the property, state law was not applicable. Subsequently, Mrs. Hicks, the applicant, contacted the City. Mrs. Hicks was informed that two (2) issues were involved in the City's determination. The first issue which is being considered as part of the appeal is whether or not the nonconforming use associated with the property has been abandoned. The second issue which deals with state law, is not an issue for consideration. At this point, Mrs. Hicks expressed her desire to appeal the City's determination. The appeal request was forwarded by the City to the City Attorney's office for review. The Assistant City Attorney, John Armstrong determined the following: . Based on available facts and information, staffs assessments and determinations are correct. . The issue of abandonment of a nonconforming use is regulated by the Zoning Ordinance. An appeal regarding this issue can be made to the Zoning Board of Adjustment. . The jurisdiction of the Board of Adjustment extends only to zoning matters. The Board is not empowered to consider any determinations or interpretations regarding state law. The Building Official notified the applicant by letter that the nonconforming use was determined to be abandoned and could not be resumed. This is the determination being appealed by the applicant.