01-27-2000 Regular Meeing and Public Hearing

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Zorung Board of Adjustn. Minutes of] anuary 27, 2000 Page 10 of 11 The Board has the authority to make the following decisions. · Afftrm the Planning Director's recommendation to require 13S total parking spaces on-site, or require an amount of parking less than the recommended. · Affttm the Planning Director's recommendation to accept the building setbacks as they currently exist, or require the building setback encroachments to be reduced or eliminated. · Mfttm the Planning Director's recommendation to accept the number of dwelling units per acre as currently exists, or require a reduction in the number of dwelling units per acre. · Affirm the Planning Director's recommendation to accept the submitted landscape plan and require additional landscaping around buildings #2, #4, and #7 and require irrigation for all landscaped areas, or require other amounts of landscaping at the Board's discretion. Ruben Salinas inquired about what options the Board would have if the buildings were found to be abandoned. Chairperson Grant answered that the Board must either approve staffs recommendations or deny Lakeside's request. A motion was made by Bob Capen to accept the Planning Director's recommendation to require 13S total parking spaces on-site. The motion was seconded by Ruben Salinas. In response to questions by Board Member Bob Capen, Assistant City Attorney John Armstrong noted that the applicant, Lakeside, has submitted a plan that is nonconforming in the four areas that the City has addressed. He stated that in the event the Board felt the project had been abandoned, Section 106-262(h)(2) of the Zoning Ordinance states: "A nonconforming structure shall be deemed abandoned when the structure ceases to be used for the nonconformity for a period of 180 consecutive calendar days. The use of the nonconforming structure, when abandoned, shall not resume." The Board has the power: 1) to allow the use to continue as applied for, 2) or the use may continue as requested by staff with modiftcations, 3) or the Board can say no. After a brief discussion, Bob Capen withdrew his motion to accept the Planning Director's recommendation to require 135 total parking spaces on-site. Ruben Salines withdrew his second. The motion was removed from consideration. A motion was made by Bob Capen to deny Nonconforming Structure Request #NCSOO-OO1. The motion was seconded by Charles Schoppe. All were in favor and the motion passed.