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<br />Page 7 of 8 <br />Board of Adjustment <br />Staff Report of 3-24-94 <br />#A93-004 <br /> <br />The intent, simply stated, is that the Bay Oaks Subdivision is best suited to continue as a <br />subdivision of conventionally built single family homes. Given the extensive and public <br />nature of the Comprehensive Plan development process, staff feels the Plan should be <br />construed as representing the best interest of the community. <br /> <br />With this in mind, staff would summarize the key points of this matter as follows: <br /> <br />· The Building Official's decision was to deny a permit for replacement of a <br />non-conforming "structure". The decision did not deal with non-conforming <br />"use". <br /> <br />· The H.D.D. Code manufactured home was a non-conforming structure. <br /> <br />· This structure was afforded protected status until the July 25, 1993, fire. <br /> <br />The structure, in the estimation of the applicant, was effectively destroyed by <br />fire. This is evidenced by her decision to have the structure demolished. <br /> <br />· The applicant's decision to have the structure demolished was made <br />independently and not at the direction or recommendation of the City. <br /> <br />· Issues raised by the applicant's attorney such as constitutionality of the Zoning <br />Ordinance and possible conflict with state and federal law are not matters <br />that the Board of Adjustment is empowered to consider. Therefore, they <br />should not be considered in conjunction with this appeal. <br /> <br />· There is no reasonable difference of interpretation as to the intent of the <br />Zoning Ordinance or map. <br /> <br />· The requirements of the Zoning Ordinance, as they apply to non-conforming <br />structures, are reasonable and should be upheld. <br /> <br />· The Building Official properly interpretated the requirements of the Zoning <br />Ordinance. His decision is reasonable and should be upheld. <br /> <br />· Granting this appeal would afford a special privilege to this property. <br /> <br />· Granting this appeal would not be consistent with the best interest of the <br />community, nor would it be consistent with the spirit or intent of the Zoning <br />Ordinance or Comprehensive Plan. <br />