2017-25 Granting Non-Conforming Use Permit 3350 West Marietta Street

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Excerpts from Plan Commission Meeting of April 6,2017 continued: being requested for contractors and builders that does not remotely resemble a home occupation is not with the intent of the Zoning Ordinance. The non-conforming use permit has been reviewed by the City's Technical Review Committee, Planning, Engineering and Fire. Based on the analysis, staff recommends denial of the non-conforming use permit. Section XXIII. of the City of Decatur Zoning Ordinance requires the Plan Commission to hold a public hearing on a non-conforming use permit request, and then forward its report and recommendation to the City Council for final approval. A motion to forward Calendar Number 17-11 to the City Council with a recommendation for denial is suggested. Chairman Livingston asked if the reason for the denial is based on the additional size of the facility. Ms. Stickle said the use itself is a contractors and builders use. The Zoning Ordinance allows it to remain as non-conforming. The denial is for the expansion of the use. Mr. Kent Newton asked if the building was the size they are proposing when it was annexed in would it be in compliance. Ms. Stickle said yes, it would continue as a non-conforming use. Mrs. Mary Cave, representative,was sworn in by Mrs. Poland. Mrs. Cave said the current garage on the property is in poor condition and must be replaced. Mr. Kendall saw this as an opportunity to enlarge the garage to provide more functionality. He currently has four (4)vehicles and two (2) JLG lifts. Most of the vehicles are left on the job sites. Mr. Kendall was operating the business at this location since 1982 as a contract for deed property. He is currently the property owner. The property was annexed in 1995 through action by the property owner at the time. Mr. Kendall was not aware the property had been annexed. The petitioner has met the requirements of the Zoning Ordinance to be able to apply for the non-conforming use permit. Mrs. Cave said the property does fit with the rest of the neighborhood. The expansion of the use is for the size of the structure only. It will not add employees or increase traffic causing activities. Mr. Brian Kendall,petitioner,was sworn in by Mrs. Poland. Mr. Kendall stated he has worked as a licensed roofer for the last thirty-five (35) years. Two (2) of his three (3) children are involved in the business. The building is inadequate and needs to come down and be rebuilt. He has four(4)vehicles and one is a personal vehicle. The JLG lifts have remained on job sites since they were purchased three (3) years ago and will remain on job sites for the next three (3)to five (5) years. Construction materials are not stored on the property and it is not his intent to start storing them. Mr. Kendall said he has fifteen (15) affidavits from his neighbors that have resided in the area since 1995. This includes his immediate neighbors to the north, south, east and west of his property. He does not have any more vehicles than any of his neighbors and believes he has their support. Mr. Kendall stated all he has ever done is improve the appearance of his property and respect his neighbor's property as well. Chairman Livingston asked if all of the vehicles will be stored in the building. Mr. Kendall said yes. Chairman Livingston asked if Mr. Kendall had any plans to increase his office staff. Mr. Kendall said his daughter runs his office and he does not plan on increasing his staff. Chairman Livingston asked where the JLG lifts are stored when they are not on a job site. Mr. Kendall said very rarely he will have one in his driveway. He has jobs that are going to take several years but they will come back to the business on occasion. Chairman Livingston asked if they will fit in the building if they come back to the property. Mr. Kendall said yes.