02-27-1997 Regular Meeing and Public Hearing

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Zoning Board of Adjustm~ Mutates of February 27,1997 Page 2 of 5 2. After the bar closed in 1992, Richard's Auto Repair irt>7ized both parking lots and bw~dings for a car sales business and automotive repair shoe. 3. In June, 1995, the automotive repair shop was relocated 4. On September 24,1992, Richard's Automotive Repair and Used Car Sales was granted Special Exception #SE92-003 to allow the use of the property at 2757 S. Broadway for that business. Ia July, 1995, this same property was issued a Zoning Permit for a small eng~ae repair shop. 5. In January, 1997, Br~l and Dorothy Stevens were granted Appeal #A97-002 for the operation of a beauty salon at 2757 Old Hwy. 146. 6. In January,1997, atoning Permit was issued to Bill and Dorothy Stevens for a beauty salon known as Studio 7 Hair Care. Mr. Flores explained there were two issues to be deternrined in making a decision on this Appeal. First, was the non-conforming use abandoned for at least 90 consecutive days, and second, did the owner or his representative intend to abandon the non-conforming use during the period of cessation of the use. In conclusion, Mr. Flores noted the current property owners purchased the property in question and it was zoned R-3 (Higkr Density Residential). It housed a tenant that had a Zoning Permit to operate at that location. The tenant remained until Jaauary,1997. The current owners have appeared before the Planning and Zoning Commission, City Council, and the Board of Adjustment and in all instances followed proper procedures. They now have Building and Zoning Permits for the use of the property. Staff recommended denial of Appeal #A97-002. Chairrnaa Bernay asked the applicant for his testimonry. Mr. Pomonis stated that the land owner of the nonconforming use had the burden of proving to the Board of Adjustment that the nonconforming use did not cease. He wanted to hear the landowner's testimony prior to his being given. Mr. Pomonis instructed the Chairman to ask the City Attorney who should give first testimonry. Mr. Armstrong's response was that the Board of Adjustment would determrae whose testimony wr71 be heard first. Chairman Benaay again asked the applicant for his testimony. Chairman Bernay swore in Mr. Pomonis.