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<br />Case File: V 07-07 <br />Page 2 <br /> <br />General Information <br /> <br />Applicant <br />60 Day Rule <br /> <br />Requested Action <br />location and Size <br /> <br />Dwight Kirkeide <br />The application has been deemed complete as of August 9, <br />2007. The City must take action by Date October 8,2007 <br />Permission to extend a non-conforming use <br />Approximately 12.7 acres west of Mississippi Ridge. <br /> <br />location Existing Use land Use Plan Designation Current Zoning <br />Subject Single family Highway Business C-3, Highway <br />Property home Commercial <br />North Single family Highway Business C-3, Highway <br /> home Commercial <br />South Single family Highway Business C-3, Highway <br /> home Commercial <br />East Retail/ commercial Highway Business PUD, Planned Unit <br /> Development <br />West Mississippi River River River <br /> <br />Applicable Regulations <br /> <br />Section 30-698 Expansion of nonconforming use <br />Permission to expand a noncotiforming use mqy be requested and granted pursuant to the procedures and standards set <br />forth in subdivision II if division 2 if this article, provided: <br />(1) The cost if the expansion is not in excess if 25 percent if the assessed value if the improvements on the <br />properry. <br />(2) The expansion will not make the properry atry less compatible with arjjacent properties. <br /> <br />Analysis/Overview <br /> <br />The subject site was developed in 1983 when a single family home was built. According to the <br />applicant the subject property was zoned A-1 when he developed it, and at a later date the City <br />rezoned the property to C-3 without his knowledge. Staff has researched old zoning maps and in <br />1983 the zoning map indicated the property was zoned C-3. Regardless, the property is now <br />considered a legal non-conforming use. The primary use of the property is residential and <br />residential uses are not permitted in the C-3 district. In order to expand the non-conforming use the <br />applicant must receive approval from the Board of Adjustments and meet the two criteria listed in <br />Section 30-698 of the City Code. This is not considered a use variance as the city does not have a <br />process for use variances. <br /> <br />s: \PLANNIN G \ Case Files \ Variance \ V 07-07 Kirkeidc \ 09.11 Boards report. doc <br />