03-24-1994 Public Hearing and Regular Meeting ZBOA

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Page 4 of 8 Board of Adjustment Staff Report of 3-24-94 #A93-004 Paragraphs 3 and 4 of Section 4-201 make provisions for permitting repairs to damaged or deteriorated non-conforming structures. In cases where costs of repair equal less than 50% of the structure's replacement cost, staff is allowed to issue permits in the same manner as for other construction jobs. Even in cases where structures are damaged to the point where cost of repair would exceed 50% of replacement value, there are provisions that allow the Board of Adjustment to consider special exceptions for repairs or renovations. Additionally, if replacement cost of the structure is in dispute, paragraphs 4 and 5 establish guidelines that allow independent, licensed appraisers to resolve the matter. All of these provisions have been placed in the Zoning Ordinance as a means for protecting the rights and interests of the owners of non-conforming structures. It is only in cases such as this one, where a structure is effectively destroyed, that the Zoning Ordinance prohibits replacement outright. The applicant's attorney, in filing this appeal, also referenced a number of other factors. These are by and large issues that the Board of Adjustment is not empowered to consider. While the following portion of this report will deal briefly with each of the concerns that have been raised, it is important to remember that the Board is only given three 'issues to consider. · Interpretation of the Ordinance. · Granting of special privilege. · Upholding the spirit and intent of the Zoning Ordinance and Comprehensive Plan and thereby, the best interest of the community. Issue number 2 in Mr. Keeney's letter states: ''The ordinance is unconstitutional." Staff and the City's legal counsel take issue and strongly disagree with this statement. The issue of constitutionality is however, not relevant to this request. The Zoning Ordinance clearly charges the Board to make its determination solely on the issue of whether or not the ordinance is reasonable. The Board must base its decision on the issue of "reasonable interpretation" and not on constitutionality.