Title
Brookings Investment Company Variance Reconsideration - Boardinghouse - 811 9th Avenue
Body
Summary:
Brookings Investment Company is requesting a reconsideration of a variance request that was denied on the north 1/2 of Lots 6 & 7, Block 8, Morehouse Addition, also known as 811 9th Avenue. The request is for the continuation of a nonconforming use through the replacement or restoration of foundations or structural elements.
This request was denied at the July 1, 2021 Board of Adjustment meeting.
Background:
811 9th Avenue is a seven-unit boardinghouse located in the Residence R-2 two-family district. Boardinghouses have been eliminated as permitted uses, special permitted uses or conditional uses in all zoning districts. Before being eliminated entirely, boardinghouses were limited to six unrelated persons and a boardinghouse with five or six persons required a minimum lot area of 9,900 sq. ft.
While no longer allowed as a use, some grandfathered boardinghouses remain as legal nonconforming uses allowed under 94-41, which allows these uses to continue including through certain repairs, maintenance, and expansion.
A section of foundation has failed in the southwest corner of the building which needs to be restored. Section 94-41 states that the replacement or restoration of foundations are not included as allowable repairs for the continuance of a nonconforming use.
Findings of Fact:
(1) Due to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and the variance shall not violate the spirit of the ordinance and substantial justice may be achieved as a result of variance.
Finding: Sec. 94-41 establishes limitations for the continuance of nonconforming uses. This section of the zoning code states that the replacement or restoration of foundations or structural elements will result in the elimination of said property's status as a legal nonconforming use, building or structure. If granted, ...
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