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� ...� <br />LJ <br />CASE NUI•1BER: 83-1470 <br />APPLICANT: Margolis Brothers Company <br />� <br />2 November 1983 <br />Page 2 <br />4. You will notice that the provisions of the special use in the �rdinance <br />stipulate that �ny new structure shall not exceecl 500 square �eet, The <br />proposed structure will be 1,250 s�uare feet. The Ordinance also states <br />that the structure shall be 50 feet from the nearest lot line, and in this <br />case �he building appears to be approxim ately 25 feet from the lot line. <br />In vizw of the considerable distance that the proposed structure will be <br />from the single family area to the north and east, the size of the �roposed <br />structure may not be significant in this case. Likewise, the distance from <br />the lot line may not be �ritical inasmuch as there is cansiderable folliage <br />on the park property contiguous to the westerly line of the property in <br />question. <br />5. The principal concern here may be with respect �o the long-term use of the <br />p,roperty. Mr, Margolis has indicated that he feels the Iand should be zoned <br />commercial. This i_dea was discussed at some length at the time of the <br />issu�nce of the previous special use permit. The propriety of the commercial <br />zone in this location could well be questianable inasmuch as it lies in an <br />area surroundPd by single family (R-1) zoning and thus could be considered <br />a classic case of spot zoni.ng. � <br />6. The ap�licanf: has indicated that the building is proposed to be "temporary" <br />Perhaps one of the key issues in this proposal is the intent of the <br />"temporary" classification for the structure. <br />7. The site as currently used, is occupied by a considerable number of vehicles <br />including trucks. I� may well be true that the placing of some of these <br />vehicles in a garage will not adversely effect the aesthetic quality of the <br />site. If additional structures are added in the .future, however, the <br />property will tend to take on a commercial appearance not intended in the <br />wording of the provisions for the special use. The Planning Commission and <br />Council may wish to consider a condition relating to the possible permanent <br />occupancy of the land �or the current use and/or the p�tential development <br />of additional structures on the property. Such conditions may include a <br />limitation on the life of this structure in its proposed location, and/or <br />a limitation on the development of additional structures or parking <br />facilities on the land. <br />8• Property owners within 350 feet of the periphery of the property have been <br />notified of the special use permit application. Such persons who may chose <br />to a�tend thE hearing may be able to contribute to the evaluation of the <br />praposal anc� possible limitations on the use. <br />