Agenda - Planning Commission - 10/06/2005

Home

Page 4 --August 2.5, 2005 Z.B. With the exceptions of the Medina store, the post office, city hall, and a service station, the character of the city was residential. The Medina store formally was a legal nonconforming use, but the retail use of the property was discontinued for more than 30 days in 2000. Under the municipal code, the retail use was considered abandoned and the property owner could revive it only with a special or conditional use permit from the city. The structure was then condemned by the city building inspector. Lee's initial application was denied; however, the city amended its zoning code to allow tbr Mstorical uses. Lee reapplied, this time planning to replace the -building. The city approved Lee's application and ganted him a historical use permit to carry out his plan. Larkin, a neighboring property owner, sued. The court ruled in favor of the city. Larkin appealed, arguing the city's decision was illegal spot zoning. DECISION:Affirmed. The issuance of the histor/cal use permit did not constitute illegal spot zoning. The court determined that the historical use permit was consistent with the classification of the surrounding land. The zoning code for the residential dis- trict explicitly allowed for nonresidential historical uses, as long as the use was present at the city's incorporation. Furthermore, the historical use permit was in accordance with the city's Comprehensive Plan. The plan called for retaining the facilities of the Medina store and the post office and the historical character of these buildings. This indicated the plan contemplated preserving both the historical character of the Medina store and its retail use. While the city's hearing examiner believed at one point that the plan re- quized the preservation of the present structure, the city did not err in deciding the plan would be served better by the construction of a neW building with the historical characteristics of the old and a resumption of the retail gocery store than by keeping the condemned structure as it was. In fact, the heating exam- iner called upon the community to consider creative ways to save the'building, including the possibility of changing the zoning code to recognize the histori- cal nature of the site and its c°mmercial history. In 1955, the year of the city's incorporation, the Medina store acted as a retail ~ocery store that sold goods for consumption, and it helped support the social cohesion of the local community. Based on this history and the city's plan, the historical use permit was ganted correctly. see also: Citizens to Preserve Pioneer Park LLC v. City of Mercer Island, '24 P. 3d 1079 (2001). see also: Willapa Grays Harbor Oyster Growers Association v. Moby Dick corporation, 62 P. 3d 912 (2003). '~ 98 © 2.005 Quintan Publisi~m9 Gmu¢. ,Any reproduction is prohibited. For more intorrnation please calf (617) 542-0048.