AG 1995 06 19 - Laserfiche WebLink

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STAFF ANALYSIS - PETITION 95-04 The petitioner is requesting a change in zoning from Medium Density Residential to General Commercial - Special Use. The purpose of this request is to make a nonconforming business conform with zoning and permit some modifications of the business. BACKGROUND The business, Jim's Sand & Stone, has been located on the property since before 1982 and is nonconfor-fing. The owner of the business applied for a "Certificate of Nonconforming Adjustment" (CONA) per,tit to allow him to replace the existing office with a modular office. [Testimony from adjoining owners has indicated that the current office was constructed since 1982 and without proper permits.] The request for a CONA was denied based on testimony that the business was not compatible with surrounding residential uses, many of which were there prior to the business (see attached denial letter from Mike Downs, Cabarrt~s County Zoning Administrator). The property owner then chose to request a rezoning. The petition has been heard by the County Planning and Zoning Commission which voted 6-3 to recommend approval. This approval was based on three conditions agreed to by the petitioner: 1. That hours of operation be limited to 6:00 a.m. to 5:30 p.m. except for bona fide emergencies; 2. That the business be limited to six trucks based at the site; and 3. That a 25' minimum paved apron be constructed at the entrance to the business. Because the vote was 6-3 the petition is automatically sent to the Board of Commissioners to be heard anew. ANALYSIS AND RECOMMENDATION The Planning and Zoning Staff recommended to the Planning and Zoning Commission that this petition be denied. This was based on the overall residential nature of the area, the long range plan for the area, and the belief that this nonconforming business would be more appropriate in a commercial area with direct access to a major road. It was the staff's belief that if the petition was denied, the owner would seek a more appropriate location. Testimony given at the Planning and Zoning Commission hearing contradicts that assumption.