4. BASR 09-11-2007 - Laserfiche WebLink

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