APRIL 2, 2007SHAWNEE PLANNING COMMISSION MINUTESPAGE 4
When the zoning ordinance was amended in 2002 to create the overlay, Flint Street was established as the western overlay boundary placing Arrow Rents in the overlay zone. Enactment of the overlay district and amendment of the zoning table of uses made the business a legal, nonconforming use.
Recent amendments to zoning code that occurred in December of 2006 changed the zoning Table of General Use Regulations to allow equipment rental in the Commercial Highway overlay district with approval of a special use permit. The applicant has indicated that they do not intend to modify the building or site, and will continue to operate the business as they have in the past. They desire approval of the special use permit to bring their property into legal zoning conformance.
The Land Use Guide of the Comprehensive Plan indicates commercial uses for the site, therefore the use is in compliance with the plan.
The site currently has a narrow grass strip in front of the entrance that separates the parking lot from the frontage road. This area is now mostly bare from winter road salt and traffic. The applicant has indicated they will re-sod this area. Staff will inspect the site to make sure the island is sodded by the end of the spring planting season (May 31, 2007).
Approval of the special use permit should cause no detrimental effect upon surrounding properties and should not jeopardize the welfare of adjacent persons or properties. The property has been used in the past for this type of commercial use without incidence. Areas to the south, east and west have been developed with commercial businesses. The business owner controls existing non-conforming residences located to the north.
6.Under normal circumstances, special use permits are granted for an original period of one year, with a subsequent review every four years after the first year of operation. Because the current owner has operated the facility for more than 20 years without incident, the applicant has requested that the special use permit be granted for a ten year period. If it were not for the creation of the overlay district, no special use permit would have been required and the business could continue operations as it has for the past 36 years. Receipt of the special use permit will remove the legal-nonconforming status, which could pose problems in the future should business change hands or be destroyed by natural disaster. Because the business has been in existence for such a long period of time, and special use permits are subject to recall at any time if future problems occur, staff does not oppose the request for a ten year review period.