It says that if it is not on that list, then it needs a conditional use authorization and then the Planning Commission heard this legislation in june of last year and it was very clear to them what the supervisors intent was on this legislation and so i have highlighted on the overhead is a passage that all of the ncds and several and i think that there were four neighborhood districts created in the sunset. That used to be nc one and two, Zoning Districts that were created and named with the commercial districts and so this was a terrible cd and these are all ncd and any ground for a commercial use that was not active as defined as 145. 4 would require a conditional use authorization and a business and professional service use is not one of these as defined as active and 135. 4, but i think that it is clear here what the requirements are that a conditional use authorization is required. The permit holder is correct in that we did suggest some recommended changes to the legislation, bu
Permit. If you look at exhibit 5, i set out there has only been four permits in the history of this building. There was a reroofing permit in 1991, when expired without being finalized and a sidewalk repair permit and a street permit and the permit in front of you today. And so, even with all of the tenant problems and the complaints that took months to prepare and for the 40yearold building there has never been a single permit taken out until the neighbors complained about work going on and in the current permit was taken out. The neighbors filed this appeal because they had no idea what was going on. They attended a Community Meeting i believe it was on november the fifth and within a few days of attending that Community Meeting about the wireless antenna facility, the construction started. They had no choice, having received no notice, no permits and no plans, on file anywhere. And could not get any information, they had no choice but to assume that they were starting the work on th
Which is 145. 4 c, which lists the active commercial uses and it says that if it is not on that list, then it needs a conditional use authorization and then the Planning Commission heard this legislation in june of last year and it was very clear to them what the supervisors intent was on this legislation and so i have highlighted on the overhead is a passage that all of the ncds and several and i think that there were four neighborhood districts created in the sunset. That used to be nc one and two, Zoning Districts that were created and named with the commercial districts and so this was a terrible cd and these are all ncd and any ground for a commercial use that was not active as defined as 145. 4 would require a conditional use authorization and a business and professional service use is not one of these as defined as active and 135. 4, but i think that it is clear here what the requirements are that a conditional use authorization is required. The permit holder is correct in that
Their building extends almost the full depth of this property and that contains a five unit apartment building. So what they are proposing here is any work at the rear, given that it is a noncomplying structure in the rear yard, any work to do decks, other than a deck that is no more than 3 feet above grade would require a variance, so they will be in a vair ans situation to do any kind of deck replacement here. What they have proposed is a reasonable proposal given the constraints on the lot and the buildings that i can put on the overhead. You have addressed this is not north, this is north to post street, so the appellant is located to the west. There is actually a blind wall and they dont have any windows on this wall and see what the impacts would be rather than locating it to the east would have more of an impact of the property which is a similar size and configuration and the variance was justified that it was given open space that was accessible for the living units and that i
Use that could be put into this space in the neighborhood district without a conditional use application and approval. It is not what is considered an active use under the new neighborhood commercial district rules and the purpose of the new neighborhood commercial districts and there were four of them found it out in the sunset was to create active storefronts with people coming in and out and the foot traffic that would in turn lead to more business for the surroundings area. And so, the Supervisor Office actually made to the Planning Department about the new use when we finally learned what it was. Because that complaint went to the Planning Department to the Supervisor Office and my understanding as of february eight that was not a complaint from the neighbors. And the. I do have an email from miss tang, confirming that it is the supervisors belief that this does not comply with the new neighborhood. If notice had been given to the neighbors and if they had been told what was going