Case Number:
A-18-173
Applicant:
Kaufman and Killen (Representative)
Owner:
Arturo Lopez, KSM Properties
Council District:|1010|Location:
5745, 5679, 5682, 5650, and 5550 Easterling Road
Legal Description:
Lots 5, 6, 7, the Southwest Irregular 104.65 Feet of 8, 9, 10, , 11, 12, 13, 14, P-213, P-213B, P-2134, NCB 17639
Zoning:
"R-6 AHOD" Residential Single-Family Airport Hazard Overlay District and "C-3 NA CD" General Commercial Nonalcoholic Sales District with Conditional Use for a Construction Contractor Facility with Outside Storage
Case Manager:
Logan Sparrow, Interim Development Services Manager
Summary of Appeal
On August 30, 2018 Arturo and Elizabeth Lopez submitted an application appealing the Development Services Director's decision to deny non-conforming use rights. The applicant contends that they have not violated the Chapter, and are asking the Board of Adjustment to overturn the Director's decision to terminate nonconforming use rights.
Zoning and Non-Conforming Use History
Portions of the subject property were annexed on March 26, 1989, and the southern portion was annexed on December 31, 1996. Upon annexation, the properties were zoned "Temp R-1" Temporary Single-Family Residence District. Zoning Case # Z96232, Ordinance # 85293, dated December 12, 1996 rezoned a small portion of a property on the west side of Easterling Road from "Temp R-1" to "B-3NA SUP", which converted to the current "C-3NA CD" General Commercial Nonalcoholic Sales District with Conditional Use for a Construction Contractor Facility with Outside Storage.
The batching plant at 5550 Easterling Road was established in 1995. On March 11, 2003 the business was given a Certificate of Occupancy for "ready mix cement plant, truck repair, & batching plant." Following the issuance of the Certificate of Occupancy, the property was granted nonconforming use rights on May 14, 2004. The nonconforming rights were granted for all properties located at 5550, 5745, 5682, 5679, and 5650 Easterlin...
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