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<br />Page 6 of 7 <br />Zoning Board of Adjustment <br />Staff Report of 9/'13/93 <br /># A93-001 <br /> <br />Conclusion: <br /> <br />nonconforming status of existing homes. The City has also, <br />through litigation when necessary,. enforced the zoning <br />regulations (as they apply to mobile homes) assigned to a given <br />district. To grant this appeal would vary from this standard and <br />therefore, in effect, grant a special privilege to this property. <br /> <br />The third condition requires that the Board's decision must be <br />in the best interest of the City's zoning laws and Comprehensive <br />Plan. Granting this appeal would clearly not be in the best <br />interest of the Zoning Ordinance, nor would it further the <br />Comprehensive Plan goal of re-establishing the Spenwick <br />subdivision as a neighborhood of single family homes. <br /> <br />Finally, the matter of state law must be mentioned. The Board <br />of Adjustment is not empowered to make determinations <br />regarding state law. The only issue being brought before the <br />Board is abandonment of a nonconforming use. <br /> <br />Based on the information provided, staff finds the following: <br /> <br />· The nonconforming use, under the provisions of Zoning <br />Ordinance Section 4-202.4, has been abandoned. <br /> <br />· The applicant has not proven that the Building Official's <br />assessment is incorrect. <br /> <br />· There is not a reasonable difference of ordinance <br />interpretation involved. <br /> <br />· Zoning Ordinance regulations are not unreasonable in <br />regards to this matter. <br /> <br />· Granting the appeal would afford a special privilege to <br />this property. <br /> <br />· Granting the appeal would not be in the best interest of <br />the Zoning Ordinance or the Comprehensive Plan. <br />