AgdaPkt 2005-05-09 - Laserfiche WebLink

Browse Search

�� . Findings _ Pursuant to Section 27.5, an extension of time shall be approved if the City Council makes the following findings: 1. The applicant has made a substantial investment (including, but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot readily be converted to another use; and such investment was made prior fio the effective date of the ordinance adding this Section to Article 27; 2. The applicant will be unable to reco�p said investme�t as of the date established for termination of the use; and 3. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 27.3. The applicant is requesting an extension for several reasons, and believes that the City Council can make the above findings. See at#ached letters date stamped April 1 and April 22, 2005. According to the applic�nt, the business did indeed make a substantial investment (interior improvements, advertising, promotion�l campaigns, etc.). The lease expires on December 31, 2005 (after the amartization date), �nd the business would be liable to the Lessor for penalties for early termination. Afi the same time the applicant indicates that the business has made a good faith effort to try to find a site that meets all of the location criteria, but up fio this point has been unsuccessful in finding a location and needs more time to do so. Staff believes that the City Council can m�ke the appropriate findings, and allow the business to operate for an additional six morrt��. The �ndings are as follows: 1. The applicant has made a su6stantial inv�stment in the property (including, but no� limited to /eas� obligatic�rAS); su��h pvo e p �'�y cannot be readily conve�Fed to another use; �n�l �Na�r� inv�stm�nt was rrr�de prior to th� effective date of the ordin�nce adr�en� �ectio,n 27.5 �o Art�c/e z7 of the Zonin� Ordinance. The applicant indicates that considerable investment has been made to maintain the current inventory and customer ba�e through advertising, interior ciecorations, up-keep, and minor exterior alterations. The business consists of store fixtures, counters, computer and arc,ade equipment that, according to th� appDica��t, canno2 be readily converted to another use. Th� business has been locat�d at this site for at least 20 years a��d r�nos4 of the investrt�ent was made prior to the effective date of the Ordinance (July 12, 2000). In addition, the applicant has.�fated that the lease expires on December 31, 2005, and the busin�ss woufd be subject to penalties for early termination. 2. The applicant will be unable to recoup said investment as of the date established for termination of the use (Ju/y 12, 2005): According to the applicant, converting to another use by July 12, 2005 would not allow the business to recoup its complete financial investment. That investment consists of store fixtures, counters, computer and arcade equipment. Also the