INFORMATION 07-29-2002 - Laserfiche WebLink

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Information Item City MEMORANDUM TO: FROM: Mayor and City Co~ Michele McPherscht~)Oirector of Planning DATE: July 29, 2002 SUBJECT: Morrell Trucking-Jackson Avenue Attachments · June 7, 2002 Letter from David Clough · SePtember 27, 1999 City Council Minutes · October 11, 1999 City Council Minutes · November 22, 1999 City Council Minutes On June 10, 2002 we received a letter of complaint regarding the Jackson Avenue Morrell Trucking site from Mr. David R. Clough. His complaints were two-fold: 1) that Morrell Trucking has lost its "grandfather" status; and 2) that the northerly parcel had been used by the school's contractor, Kraus-Anderson, for both parking and material storage. Grandfather Status In response to the first complaint, it is difficuk without 24-hour, 7-day a week monitoring to determine whether or not Morrell Trucking truly has lost its grandfather status. Section 900.34 outlines the requirements for nonconforming uses and buildings. Specifically, Section 900.34.6 - Discontinuance, states: "in event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of six months, the use of the same shall therefore conform to the regulations of the district in which it is located". There are no performance standards within this section detailing what constitutes a discontinuance of normal operation. For instance, if nonconforming building or use is utilized only once per week, does that qualify as a discontinuance? It is clear that the Jackson Avenue Morrell Trucking site has been used on an intermittent basis, but to staff's knowledge, at no time did use completely cease on the site on a continual basis for a six- month period. An argument could possibly be made in court that what occurs on the site is