LEGISLATIVE ACTION ITEM
SPONSOR: City Council President Brian Spencer
SUBJECT:
title
Request for Legal Opinion - Reconstruction of Nonconforming Structures at 1812 and 1814 E. Lakeview
end
RECOMMENDATION:
recommendation
That City Council request a legal opinion from the City Attorney, regarding reconstruction of nonconforming structures at 1812 and 1814 E. Lakeview Avenue.
end
body
HEARING REQUIRED: No Hearing Required
SUMMARY:
Properties at 1812 and 1814 East Lakeview Avenue, four multi-family residential structures, were heavily damaged during Hurricane Ivan.
In accordance with the Land Development Code, reconstruction of nonconforming structures that have been destroyed to the extent of more than seventy-five (75) percent of their value by fire, explosion, or other casualty, or act of God or the public enemy, may take place with approval of City Council.
The buildings were considered nonconforming land use because the R-1AAA zoning district in which the property is located is a single-family zoning district which does not allow multi-family development.
In July 2007, a Public Hearing was held to consider the owner’s request to reconstruct four new buildings within the same footprint that will contain eight (8) condominium units. This request was approved by City Council.
Currently there is a request to build single family residential, another nonconforming use.
The question being presented to the City Attorney, is what flexibility does the current City Council have, given the actions of the previous City Council, in considering another nonconforming use request.
PRIOR ACTION:
June 28, 2007 - City Council Action
July 26, 2007 - Public Hearing
FUNDING:
N/A
FINANCIAL IMPACT:
None
STAFF CONTACT:
Don Kraher, Council Executive
ATTACHMENTS:
1) 1812-1814 E. Lakeview
2) 1812 E Lakeview July 26, 2007
3) 1812 E Lakeview_E3AD7
4) F-2 NON-CONFORMING #1 - 1812 & 1814 E. Lakeview
PRESENTATION: No