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<br />David Seaberg, Case No. 2319 <br /> <br />Page 4 <br /> <br />We can further sympathize with the desire of the applicant to <br />enjoy income from the lease of his property for the billboard, but <br />this use is specifically prohibited by Code. Both the existing <br />zoning and the requested zoning give the applicant reasonable use <br />of the property apart from the billboard lease. <br /> <br />3. CONCLUSION & RECOMMENDATION <br /> <br />Mr. Seaberg is requesting the city to grant certain approvals that <br />will enhance his property and alter the basic framework wi thin <br />which it will be allowed to develop. In exchange for this, it is <br />appropriate for the City to require that the property meet the <br />minimum zoning standards the city has adopted. For the health, <br />safety, and welfare of current and future residents in and around <br />this property, it is appropriate to have the structures meet the <br />minimum setbacks, and for the lots to conform to the prevail ing <br />pattern in the neighborhood. When the duplex was built, the City <br />relied on the applicant's representation that the existing home <br />would be removed and, therefore, there would not be a setback <br />problem. The applicant has changed the conditions under which we <br />are operating, and created the circumstances resulting in a <br />potentially non-conforming structure. <br /> <br />It also appropriate, for the same reasons, to protect the <br />aesthetic character of the neighborhood by requiring the removal <br />of the billboard sign. Of the two uses, the billboard, in our <br />opinion, is the most intrusive, and we would encourage its removal <br />as soon as possible. <br /> <br />We therefore recommend that the request for rezoning to R-2 be <br />granted and that the division of lot be approved, conditioned on <br />the acceptance of an Interim Use Permit with either of the <br />following provisions: <br /> <br />1) That the existing single family home on the lot and the <br />existing billboard sign both be removed within a reasonable <br />time period (perhaps two years). If not removed within that <br />time, the rezoning is void and the zoning would revert to <br />R-1; or, <br /> <br />2) That if the existing billboard sign is removed within a <br />short period of time (perhaps six months), then the <br />existing single family home could remain for a longer time <br />period (perhaps up to five years, as requested). <br /> <br />Under either condition, the existing home should be maintained in <br />a state of good repair until such time as it is removed. <br />