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Rezoning Application 2256 Lexington Ave N A1~.t.:-r;. .-!Jpp{tl.tVn~t1 Ala-wafzvi #8B The rezoning of the property to Bl Limited Business is appropriate as circumstances have changed on the property, so that commercial use of the property is now the best use of the property. For more than 40 years, the property has been used as a business, The Rymer School of Fine Arts Academy. During those years, physical changes were made to the property to accommodate business use. Specifically, the entire back yard was turned into a parking lot, separate offices were built on the main floor, the bedrooms were sound proofed to accommodate the commercial use and additional entrances were added to the building. Additionally the property is located directly adjacent to the on ramp to Highway 36 limiting the residential appeal of the property. The commercial nature of the property has existed for so long that the former owner and neighbors were all surprised to hear the property was not appropriate for commercial use. The property owners, and their agents made many representation prior to the purchase of the property that commercial use was allowed on the property. In fact, when the former owners were notified that commercial use was not allowed on the property they could not believe it. This property is similar to the property north of Highway 36 on Lexington which the City rezoned to allow office buildings to be constructed. We thus ask that the city grant this rezoning application at the best use of the property is for commercial purposes. #9A The applicant recently purchased the subject property based on representations made by the property owners and their agent that commercial use was allowed on the property. The representations seemed reasonable as the property had been used for over 40 years as a commercial property. The former property owners operated a business, The Rymer School of Fine Arts Academy, for over 40 years at the property. Over the course of those 40 years many modifications were made to the property to accommodate commercial use. For example, the entire back yard was replaced with a black top parking lot, additions were added to accommodate additional office apace and additional entrances were added for individual offices. Given these changes to the property, the highest and best use of the property is for commercial purposes. This is especially true given the location of the property. The property is directly adjacent to the on ramp to Highway 36 which significantly detracts from the residential use ofthe property. Real estate appraisers have also indicated that the best use of the subject property is commercial use. See attached letter from Shirley Weidner. A meeting was held with residents of the neighborhood on June 20,2001. Many ofthe residents were surprised that commercial use was not allowed as it had been ongoing for so many years. The neighbors were generally supportive of changing the Comprehensive Land Use Plan. See the attached statements from the area residents. #9B No changes are proposed to the property.