Laserfiche WebLink
October 15. 2004 -- Pa_oe 5 <br /> <br />in Murray's favor. <br /> The zoning administrator appealed: arguing Munay hadn't taken sufficient <br />s~eps to establish a prior nonconforming use. <br />DECISION: A~rmed. <br /> Mu~ay's use of ~he prope~y was grandfa~hered in as a prior nonconfo~- <br /> <br /> FksL there was a chan~e in the zomn~ regulations in !989 ~ha~ removed ~he <br />category of automobile ~epa~ shops ~7om ~he A-~ agricultural zone. P~or to this <br />zonin~ change, automobile repax shops were allowed wi~Mn the A-i agricul- <br />tural zone ~ha~ included the property. <br /> Malay 'purchased the property and obtained a building pe~t to build his <br />garage p~or ~o ~he zoning change. Malay had foo~ers for his garage dug and <br />poured and began s~ac!dng the block for the garage wi~Mn days of~eceiving his <br />permk and several weeks prior ~o the zoning chan~e. <br /> Malay worked on d~e garage continuously until k was compiemd, and he <br />began operaUn~ ~s business on ~he property before ~he garage was completed. <br />Also, in ~ ' -' ~o~n ~ ~ ' <br /> ~0¢;0, Mtt;xay recewed a letter ~ the zomng ad~nistrator tethn~ mm <br />his use of ;he property was a prior nonconfor~ng use and could be continued. <br /> Malay showed he had taken substantial steps in the construction of the <br />garage prior to the zoning change. Consequently, his use was a protected <br />nonconfor~ng use. <br />,s~ee aL;o: Coe ~. Ci~ ~f Se~ie~;flle, 2~ ~. FVSd 2~7 (2000). <br />.~ee also: SeaL; v. EnglnncYCorsair Uphols;ew Mcmt~hktu~ing Co., 984 S. ~2d <br />9/2 (1999). <br /> <br />Telecommunications -- New ordinance imposes significant costs <br />Require,s' cliff-approved appraisal.and excess conduits <br />g'itcztion: ~wesr Corporation v. Ci~ of Santa Fe, JOsh U.S. Circuit Court of <br />Appeal,v, Nos. 0,-,o98 & -2269 (2004) <br />The [ Otb U.S. CD'cult Coarr fy'Appeals hots jurisdiction over Colorado, <br /> [r <br />:xl~,,v ~kIe.'ci,:o. Oklczhotnct, ~,rah, and ~;oming. <br /> <br />5~7v- M~X~C~9 ~08/=4/0., ~ ~he cky o~ Santo Fe placed several neTM require- <br />mcn~s on ;elecommunicadons operations in Santa Fe. <br /> Ca~ier the new ordinance, Froviders had to obtain an appraisal of the rental <br />' ': . ' ~' a rental price for <br />f :z~:~-,_~i_ -..,~;t', was . '~,_. o:tsed on ~his :~,pnrs.~sai. The Ordinance .'~[~o~ ~ required ~he <br />h~:;taJ]aaen or e:tces:; capacity uo ;e ~,.~;.; pet~en~ of what the tnsta~er plasmed ro use. <br /> <br />79 <br /> <br /> <br />