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10-28-1993 Public Hearing and Regular Meeting ZBOA (2)
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10-28-1993 Public Hearing and Regular Meeting ZBOA (2)
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City Meetings
Meeting Body
Zoning Board of Adjustments
Meeting Doc Type
Minutes
Date
10/28/1993
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<br />Page 3 of 6 <br />Zoning Board of Adjustment <br />Minutes of October 28, 1993 <br /> <br />Mr. Lewis stated that based on these points, the Inspector's determination was <br />correct. <br /> <br />Mr. Lewis stated that the determination that these vehicles cannot be parked <br />in a residential zone was based on two (2) separate Zoning Ordinance <br />provisions. They are as follows: <br /> <br />First, Section 10-300.8 states that "it shall be unlawful for any person to leave, <br />stand or park a commercial motor vehicle...or a truck tractor on any property <br />zoned for residential use." <br /> <br />Secondly, Section 10-604.7 states that "off street parking facilities accessory to <br />residential use shall be used solely for the parking of licensed and operable <br />passenger automobiles. Under no circumstances shall required parking <br />facilities...be used for the storage of commercial motor vehicles...trailers, <br />trucks, or truck tractors..." <br /> <br />Mr. Lewis noted that the fact that two (2) separate sections of the Zoning <br />Ordinance address this issue makes clear the intent of the Planning and <br />Zoning Commission and City Council that this type of vehicle should not be <br />allowed in residential zones and neighborhoods. <br /> <br />It is staffs opinion that: <br /> <br />1) The determination of the Enforcement Officer did not misinterpret the <br />Zoning Ordinance regulations that pertain to this matter. <br /> <br />2) Zoning Ordinance regulations are not unreasonable. <br /> <br />3) Granting this appeal would convey a special privilege to the applicant. <br /> <br />4) Granting this appeal would not be in the best public interest nor would <br />it be consistent with the spirit or intent of the City's Zoning Ordinance <br />and Comprehensive Plan. <br /> <br />Staff, therefore, recommended that the appeal be denied. <br />
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