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Staff Report March 27, 2003 <br />Appeal of Enforcement Officer's Decision #A 03-001 <br />Property owner: Oakland Land & Development Co. <br />Alton Ogden, President <br />Applicant: Alan Ward on behalf of owner <br />Location: 216 S. 16' Street <br />Legal description: Lot 1-4, 7-9, 24-32 Block 752 and part of the alley in Block 752 <br />Present zoning: Light industrial (LI) <br />Surrounding North: Light Industrial (LI), Business Industrial (BI) <br />zoning: South: Light industrial (LI) <br />East: Light industrial (LI) <br />West: General Commercial (GC) <br />Land use: Industrial <br />Background: <br />The applicant is appealing the Enforcement Officer's decision to apply Code of <br />Ordinances Sec. 106-262 Nonconforming Structures to a proposed development. <br />Under DIVISION 9 NONCONFORMING BUILDINGS, STRUCTURES AND USES of <br />the Zoning Ordinance, the City has been mandated to review all nonconforming <br />structures, uses, and lots. Section 106-261 states, "the general public, the Planning and <br />Zoning Commission and the Zoning Board of Adjustment have been directed to take note <br />that nonconformities in the use and development of land and buildings are to be avoided, or <br />eliminated where now existing, wherever and whenever possible"... <br />The property in question currently contains several nonconforming items that include: <br />• Building setback encroachments <br />• Parking and driving aisle encroachments into public right-of-way <br />• Front yard fencing encroachments <br />• Complete lack of landscaping <br />• Lay -down and open work areas that are not dust -free <br />Sec. 106-262 (b) Continuance of nonconforming structures provides for any <br />nonconforming structure to be occupied and operated in a good state of repair. However, <br />no nonconforming structure shall be enlarged unless the enlargement is made in <br />accordance with Sec. 106-262(g). <br />The applicant has submitted a site plan that is attempting to enlarge an existing <br />nonconforming structure or site. The site plan that was submitted showed a new building <br />and related items being added to the property in question without complying with Sec. <br />106-262(g). Compliance with this section would require elimination or reduction of those <br />nonconformities that have significant adverse impacts on surrounding properties, and <br />ftwatrr Q <br />