Agenda - Planning Commission - 11/06/2008

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. _.'''-''-;''~_' n~-._._=",",-O-~ ~--,"----,-~----~--------------'_. .~- ---.- , ' 90 Zoning Bulletin The court also rejected Martin's argument that the grading fit un~ der an emergency exception of the Fish and Game Code. The court found the damage to the spillway was not an emergericy given that: Martin took seven months to make the repairs; the primary residence on the property was accessible; and the mobile home was a' second- ary residence that had an alternate access,. The court also concluded that the county's Grading Ordir).ance was not rendered inapplicable by the FEMA grant. The court said this was because FEMA regulations acknowledged there may be require- ments for local permits. Finally, the court also rejected Martin's arguments that his grading work did not require a permit because it fit within exceptions under the Grading Ordinance. The court found the spillway was not an ex- isting road and thus not excepted from the Grading Ordinance. The court'also found that Martin was engaged in "fill" not "excavation," and thus his work did not fit within the grading exception for exca- vations involving 50 cubic yards or less of material. See also: Citizens to Enforce CEQA v. City of Rohnert Park, 131 Cal. App. 4th 1594, 33 Cal. Rptr. 3d 208 (1st Dist. 2005). ' Nonconforming Use-ZBA allows retail sale of food on residentially zoned property as preexisting, legal nonconforming use Neighbor argues ZBA erred because any preexisting food sales occurred on adjacent parcel with same ownership Citation: Parslow V,, Zoning Bd. of Appe~ls of Town of Middletown, 110 Conn. App. 349, 954 A.2d'275 (2008) , CONNECTICUT (09/16/08)-Seventeen Oaks, LLC owned two adjac~nt parcels located at 1277 Randolph Road (Lot 2) and 980 South Main Street (Lot 3) in the town. Both lots were zoned for resi- dential use. Lot 3 had a commercial garage that was a valid noncon- . forming use. In 2004, after Seventeen Oaks erected a permanent food vending stand called Miss Patsy's Kitchen on Lot 2, the town's zoning officer issued a cease and desist order against Seventeen Oaks. The zoning officer issued the order because food vending was not permitted in a residential zone. 10 @ 2008 Thomson Reuters/West ~\ ) (= ( )1 ',----,,' i I. I I I I I ! I 1 1 I ! I' 1 ! I I j I I 1 I I I I 1 I I