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<br />August 25,2004 - Page 7 <br /> <br />Z.B. <br /> <br />The lower court focused only 00 whether there was any substantiaL com- <br />petent evidence supporting Orange County's determination Butler's use of the <br />property to repair racecars as a hobby was not a legal, nonconforming use. <br />However. in doing so, the lower court failed to consider the abundant evi c <br />dence of Butler's primary use of her property as ajunkyard, a prohibited activ- <br />lty, irrespective of her ability to use her land for her family's racing hobby. <br />As a result the lower court did not follow the law. A local government's <br />decislOn must be upheld if there was any competent, substantial evidence <br />SLlpportlDg lt. <br />see also: Haines City Communit'J Development v. Heggs. 658 So.2d 523 (1995). <br />sef! also: Eckler v. Orange County, 763 So.2d 545 (2000). <br /> <br />Conditional use - Racetrack owner hopes to add buildings and other <br />modifications <br />Board of zoning appeals denies amendment <br />Ciwtion: Scate of /Y/issouri ar the Relarion of Noland Road Raceways Inc. v. <br />Board of Zoning Ar.:ljustment of Kansas Ciry, /vfissouri, Cmm of Appeals of <br />Iyfissouri, WDisi., No. 63038 (2004) <br /> <br />MISSOURI (07/13/04) - Noland Road Raceway owned 93 acres of property <br />on which it operated a racetrack under a conditional use permit. The permit, <br />obtained in 1967, specified [he structures and uses for which Noland could use <br />the property and did not have a time limit. <br />In November 2000, Noland's contractor built a new metal storage build- <br />ing. Noland did not know the contractor had not obtained a permit, and the city <br />cited Noland for building the structure without a permit. <br />Nobnd applied [0 [he board of zoning adjustment (BZA) for an amended <br />conditional use permit so it could legitimize the storage building and also modify <br />the r:J.cetrack. The proposed modifications included building new structures, <br />changing the parking lors, and enlarging the timing tower. Noland also planned <br />tu change the hours of operation. <br />The BZA held public hearings where witnesses testified for and against <br />the proposals. One engmeer claimed at the distance of a half mile from the <br />racetrack. the decibel level would be about 70 decibels, a lesser noise /evel <br />than in the he~mng room lobby. <br />The 'lice DreSldem or Nolan testified the changes were necessary to helD <br />l ......,..." l <br /> <br />thr~ l'C1Cet[:lck LO remain economically 'liable. Some neighbors lestified they <br />li"/ed 'fery DClr and the Doise never bothered them. <br />()ther Q\:lghb\)[":i testified [he noise levels interfered with the enjoyment of <br />~r ?ri)pert~es. [he [wci\: clUsed lncre:.lsed [f:J.fflc and sueet rJ.cing, ;}nd the <br />dll::i;lrlli unsafe twtIic were hazardous. <br />.\::c:r.,:k'.:id ,J.clioel':ulon session. the BLc\ denied the Cluoliculoo. <br /> <br />"~; '~('::;C..1 :urnlan ,::'JDliS~lnq :.fOUO. J.nv .-scrOGuct:cn .S :3(OrlIOll&rt F'Jr :T1G(e :nrcrmatlcn Jiease -:3!l .6i -~ :.:.!.2-:JOLi3. <br /> <br />103 <br />