Agenda - Planning Commission - 02/01/2000

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Page 4 -- January 10, 2000 Z.B. : use outside the boundaries of the existing set of buildings or the existing struc- ture was not permitted under the code. DECISION: Affirmed. The club could expand its nonconforming use. If the city intended that the boundaries of buildings serve as limits to the expansion of nonconforming uses, it could have used the plural "structures." Presumably, the city meant something different when it chose the word "com- Plex'' instead of the plural "structures" .to use with the singular "structure" in the code pro~,ision. Additionally, under other sections in the land use code, a complex must be located on a single site under the provisions governing nonconforming sites. The term "site" included a lot or group of lots associated with a certain land use application. The lots owned by PRA included both the VFW and club property. The combined group of lots was a site. At the time of PRA'~ application, the site had an existing complex on it. That complex included the-facilities of the club and the facilities of the former VFCJ property. Viewed in this manner, the com- plex, comprised of both properties, was an existing complex. Because expan, sion within that complex was not limited by the boundaries of individual build- ings within the complex, the construction was a legal expansion of.a noncon- forming use. Citation: Larson v. City of Bellevue, Court of Appeals of Washington, Div. J, No. 43455-1-I (1999). see also: Paccar Inc. v. Department of Revenue, 930 P. 2d 954 (1997). see also: State ex. tel. Smilanich v. McCollum, 384 P. 2d 358 (1p63). Nonconforming Use --. Quarry company c!aitns lease agreement makes property a nonconforming use TEXAS (12/8/99) -- Redland Stone Products Company operated the B eckmann Quarry. In 1997, the city of San Antonio entered into nonannexation agree- ments with Redland and other quarry owners. These agreements provided the quarry owners would pay an amount equal to the ad valorem taxes that would have been assessed against them if the quarries had been annexed. In exchange for these payments, the city agreed not to annex the quarries before July 1, 1998, to develop appropriate quarry zoning regulations before the annexation, and to initiate a zoning case recommending quarry zoning for the quarries after the f~rst reading of the annexation ordinance. In April I998, Redtand entered into a lease for two tracts adjoining the quarry. Although the ordinance included the Beckmann Quarry, it did not in- clude the two new tracts. On July 5, 1998, the annexation of the Beckmann Quarry became effective. Three days later, the owners of the two new tracts petitioned to have the tracts annexed. The annexation of the two new tracts