02-27-1997 Regular Meeing and Public Hearing

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Zoning Board of Adjusim~ • Mutates of February 27,1997 Page 4 of 5 if a business closed for more than 90 days, it would not be allowed to re- open and the R-3 Zoning would be enforced. That is what he represented to his community, and he feels a responsibility to see that it is enforced. Mr. Grant noted that the information Mr. Pomonis presented was only hearsay. He asked Mr. Pomonis if the Board were acting on an issue that would affect his personal property, would he want them to act on hearsay. Mr. Pomonis replied that he would not, however, the Planning staff had only provided hearsay. Mr. Rankin noted that the information staff provided came from City records. Chairman Bernay asked. Mr. Pomonis what time frame he claims the property was not being used. Mr. Pomonis stated it was during 1993 and 1994. Sidney Grant made a motion to deny Appeal #A97-002. The motion was seconded by Ruben Salinas. There was some discussion about receiving testimony from the current property owner. Sidney Grant made a motion to table the motion to decry Appeal #A97-002 to receive additional testimony. Chairman Bernay swore in William B. Stevens, the current property owner. Mr. Stevens told the Board that he did not have any writxen documentation to substantiate the continuance of the non-conforming use. Mr. Stevens stated that he wasn't sure of the exact date that Mr. Huber closed the bar. Mr. Stevens had approached Richard about who to lease the building from at 2757 Old Hwy. 146. Richard told him that he was leasing the property and using the building. Mr. Huber had asked Richard not to sub-lease the property to anyone. Mr. Stevens does not believe the bur~ding was ever abandoned or was there an intent to abandon. Chairman Bernay asked Mr. Stevens when he purchased the property and he replied it was in August, 1996 and at that time both buildings had tenants. Mr. Caper asked Mr. Rankin if staff believed the building had been abandoned for more than 90 days, and if not, what proof does staff have to back them up. Mr. Rankin replied there was no abandonment based on the follawiag reasons: • Since 1995, four Zoning Permits have been issued for businesses at that location; two for each of the buildings. • In 1992, the Board of Adjustment granted a Special Exception allowing the expansion of use from the larger bw~ding to the smaller one.