AgdaPkt 2000-10-16 - Laserfiche WebLink

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• Zonin�eg lations were established the bank which had been a ermitted use under the , , p previous regulations, became a legal nonconforming use. In most cases, legal nonconforming uses are allowed to continue indefinitely. However, the ultimate goal of the Zoning rJrdinance is to phase out nonconforming uses. The code specifically addresses the cases in which legal nonconforming uses cease and in which they are changed to other nonconforming uses as follows: Cessation of Use: No nonconforming use shall be re-established in any structure designed for a conforming use if such nonconforming use has ceased for a six-month period. (Section 33.7) ChanQe of Nonconforminq Use: No nonconforming use shall be changed to or substituted for another nonconforming use unless a Use Permit is granted for such change or substitution. To grant such a Use Permit the Zoning Administrator must first find that the new use is of the same nature as the former use or of a type more consistent with the uses permitted in the district. (Section 33.5) The applicant attempted to retain the legal nonconforming status for the ground floor bank by applying for the first Building Permit within two days of the six-month anniversary of Washington Mutual vacating the ground floor space. The applicant's belief is that the previous use of a retail bank, which is a financial institution, is of the same general nature as a title company and a home loan center. However, as previously described, the finro new uses are completely office oriented and are not of the same nature as a retail oriented bank with teller services. Consequently, the legal nonconforming status of the ground floor of 2400 Broadway for a bank with teller services ceased on October 28, 1999. The first Building Permit was not issued until November 9, 1999. Based on the previous Community Development staff error to issue a Building Permit without a Use Permit and in order to allow the use to continue, the Zoning Administrator approved the Use Permit with conditions. The Zoning Administrator made the following finding: "Although the proposed uses are not found to be consistent with the purpose of Article 26 of the Zoning Ordinance, as conditioned, the proposed uses will not, in the short term, detrimentally impact the retail vitality and economic base of the CBR Zoning District." As long-term uses, the title company and loan center, which do not offer any retail presence or activate the pedestrian environment, would be a detriment to the retail vitality of the downtown. Consequently, the Zoning Administrator approved the uses for the terms of the leases to ensure the eventual conversion of the spaces to retail uses. The lease and Use Permit terms are summarized below: Stewart Title: Terms of Lease Four years with three four year options Terms of Use Permit Four years terminating on )anuary 1, 2004 Washington Mutua! Home Loan Center Terms of Lease Five years with no options Terms of Use Permit Five years terminating on January 22, 2005 The applicant is appealing all of the Use Permits' Conditions of Approval based upon their belief that they have "vested rights" through their Building Permits. City Attorney staff advises that the issuance of a Building Permit does not validate a disallowed land use (See Attachment #7). Further Points of Note: ■ There are many other Zoning Districts that allow title companies and home loan centers as permitted uses on the ground floor, including the adjacent Central Business ("CB")