Title
Memorializing City Council action taken July 9, 2014 denying an appeal by Getten Credit Co. of a determination of the Zoning Administrator relative to Getten's use of property at 1338 Bayard Avenue.
Body
WHEREAS, on or about April 15, 2014, the City's Zoning Administrator duly informed Mr. Dennis P. Getten, d/b/a Getten Credit Co. at 1338 Bayard Avenue, [hereinafter "Getten"] that Getten's use of the Bayard Avenue property constituted an "alternative financial establishment" as defined in Leg. Code 65.611 and not an "office use" permitted under the Bayard Avenue's exiting certificate of occupancy; and
WHEREAS, for zoning purposes, alternative financial establishments are first permitted in B3 zoning districts. The property at 1338 Bayard Avenue, legally described as Hacketts Sub Of B4 Lex Park 5 Lot 15 [PIN: 102823430094] is located in an R4 single-family residential district. Accordingly, the Zoning Administrator's letter advised Getten to immediately cease using the property to operate an alternative financial establishment as it was prohibited under the Zoning Code; and
WHEREAS, on April 25, 20114 and pursuant to Leg. Code § 61.701(c), Getten, under Zoning File No. 14-199046, duly filed an appeal from the Zoning Administrator's April 15, 2014 determination that Getten's use on the subject property was a prohibited alternative financial establishment and requested a hearing before the Board of Zoning Appeals ("BZA"); and
WHEREAS, on May 28, 2014, pursuant to Leg. Code § 61.701(a), the BZA duly conducted a public hearing where all interested parties were afforded an opportunity to be heard and, at the conclusion of the hearing, based upon all the files and evidence presented at the hearing, as substantially reflected in the minutes, made the BZA denied Getten's appeal concluding that the Zoning Administrator's decision was not in error based upon the following findings of fact as set forth in BZA Resolution No. 14-199046, which is hereby incorpor...
Click here for full text