06-01-2000 Regular Meeing and Public Hearing

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.`• M�V V V. V A. Exhibit K is a November 30; 1993 letter from City Chief Building Official Mark Lewis to Kevin Blackwell and his attorney. It states, "..: Section 10-300.10 of the City Zoning Ordinance 1501 specifically allows livestock (as an accessory use) to be pastured on properties of an acre or more in size. However, this section also limits livestock concentration to a maximum of two animals per acre. Concentration limits apply to individual pastures." and on page 2 Mr. Lewis states, "In the future, the City must ask that you observe these concentration limits when housing livestock animals on the property in question. Should these concentration limits be violated, the City will issue a Municipal Court citation for violation of Zoning Ordinance requirements." B. Zoning Ordinance 1501, sec. 11-604, Appeals to the Board of Adjustment, states that an appeal to. the Board of Adjustment of a decision of the enforcement officer must be. made within 30 days. C. Kevin Blackwell never appealed Mr. .Lewis'decision to limit the Blackwell's housing of livestock to 2 animals per acre. Therefore; Mr. Lewis' decision stands. 4. Under -Sec. 106-263(b); the use of outlot 420A has become much more conforming to City Zoning requirements of 2 head per acre after, Kevin,. Blackwell moved.to East Texas approximately 3 years. A. Current Zoning Ordinance 106 section 263(exhibit Q states..."or the nonconforming use or structure may be changed to a use or stricture more conforming to the zoning district in which the nonconforming use or structure is located: For the purposes of this section , the term" more conforming to the zoning district in which the nonconforming use or structure is located" shall mean a less intense use, (per the Standard industrial classification code)..."A nonconforming use or structure so changed shall not thereafter be returned to a nonconforming use or structure., B. The City started a weekly inspection of Outlot 420A in app. January, 2000. Their inspection -proves the numbers of animals have been greatly reduced during that time. I have videos that prove the number of animals on Outlot 420A has been greatly, reduced since Kevin Blackwell moved to East Texas app. 3 years ago. Greatly reduced means from up to 45 animals per acre from 1990 to 1997 down to 0 to app. 4 animals per acre from 1997 to present. Under Current Zoning Ordinance 106, section 266, The only factor in deciding whether to extend .the useful life of a nonconforming use is whether an extension is necessary for the property owner to recoup the current remaining useful investment In the use made prior to the effective date of this zoning ordinance. Kevin Blackwell's investment in the horse stables and feed lot amounted to a pole barn, and_fencing. If he has rented 10 to 15 horse stables over the past 20 years at app. $50 each, he has paid for the bam and fencing many times over and therefore his nonconforming use permit should. be revoked immediately. Just one of. these 4 facts is enough justify revoking Kevin Blackwell's nonconforming use permit. Together they are a mountain of evidence that Kevin Blackwell's nonconforming use permit should be immediately revoked.