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<br />Page 2 of 6 <br />Board of Adjustment <br />Staff Report of 12-9-93 <br /># A93-0Q3 <br /> <br />. <br /> <br />There are a number of existing mobile and manufactured homes in the <br />Spenwick subdivision. <br /> <br />. <br /> <br />Modular homes have been discontinued and have not been manufactured <br />since 1979. <br /> <br />. <br /> <br />The applicants intend to remove the wheels and tongue from the home and <br />set it on a permanent foundation system (tripod bases). <br /> <br />. <br /> <br />Prohibiting this type of housing poses a handicap for property owners in the <br />Spenwick Subdivision. <br /> <br />. <br /> <br />Other property owners are agreeable to placement of the home. <br /> <br />. <br /> <br />Placement of the home in conjunction with flower beds and landscaping will <br />improve the neighborhood's appearance. <br /> <br />Also included in the applicant's petition is a request that the Zoning Ordinance be amended <br />by deleting the term modular home and replacing it with manufactured home. Amendment <br />of the Zoning Ordinance is outside the scope of the Board's authority. The Planning and <br />Zoning Commission and City Council are responsible for this type of action. The only issue <br />to be considered by the Board is the applicant's appeal of the Building Official's decision. <br /> <br />Analysis: <br /> <br />Zoning Ordinance Section 11-604 grants the Board of Adjustment the authority to consider <br />appeals of zoning related actions and determinations of the City's enforcement officers. <br />Under the terms of this section, the Board may take the following actions regarding appeals. <br /> <br />Decisions and determinations of the enforcement officer may be affirmed, denied or <br />modified either wholly or in part. However, in order to either grant an appeal or modify <br />the enforcement officer's decision, the Board must find all of the following ordinance <br />conditions to be satisfied. <br /> <br />· That there is a reasonable difference of interpretation as to the specific intent <br />of the zoning regulations or zoning map, provided the interpretation of the <br />enforcement officer is a reasonable presumption and the Zoning Ordinance <br />is unreasonable. <br />