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Commissioner Graham said he did not feel an applicant should have to jump through a <br />new hoop because of the failure to complete all what was proposed with the original <br />zoning if, in fact, the hoop is rudimentary that would just be technical, time consuming <br />and costly. He said, however, his concern is that a zoning is not really valid if conditions <br />are not complied with. He also expressed his concern of the Commission removing the <br />negligence of the past and approving an application for an industrial/commercial use at a <br />future date which has not been specified at the present time. <br />Mr. Fuke said the bottom line is whether this area is or is not appropriate for a light <br />industrial zone, and the General Plan and circumstances have not changed. He said if the <br />zoning is nullified and tomorrow a person applies for the same p <br />industrial zone, he felt the Commission would approve it, given all the circumstances, the <br />surrounding area, GP designation, etc. He pointed out the critical issue was that the <br />impacts associated with the intended use have to be addressed through conditions of <br />approval. <br />Commissioner Graham clarified that he did not think the Commission would approve an <br />application if an applicant applied for rezoning without specific plans, as it would be a <br />hypothetical situation. In response, Mr. Fuke said zonings are done by categories of uses <br />as distinguished from special permits, wherein for a change of zone a person can propose <br />to have warehouse but in the end put in a service station, or any other uses that would be <br />allowed in that zoned district. <br />Mr.Yuen said the Department is accommodating a situation where the property owner is <br />not ready to proceed with industrial zoning but wants to expand and renovate the existing <br />single family dwelling, which requires a modification to the zoning ordinance. He said <br />the applicant could have the property zoned to residential and then in the future rezoned <br />to light industrial when conditions change; however, he felt the property should be zoned <br />for light industrial uses and in trying to avoid making an excessive amount of work for <br />people he was proposing this alternative. <br />In response to Commissioner GrahamÓs further inquiries, Mr. Yuen clarified that what is <br />proposed is a conditional zoning wherein the land is zoned ML but the applicant cannot <br />do any industrial development on it until curbs, gutters and sidewalks are installed, noting <br />it is a buyer beware situation. He added that the applicant did not submit an annual report <br />but the nonsubmittal does not cause the revocation of the zoning; and that he and other <br />past Planning Directors have not initiated downzoning of other properties, noting there <br />man, many applicants who have not met the conditions of approval <br />home is a nonconforming structure, it can remain as a residential structure and rented out <br />if the applicants wish; however the expansion of the dwelling because itÓs nonconforming <br />in the light industrial zone is not allowed, which is the reason for the application before <br />the Commission. <br />For Commissioner SpringerÓs information, Mr. Yuen said the integrity of Ordinance <br />99 38 is not in any way impaired by the CommissionÓs approval of this request, noting <br />conditions would still have to be met and the Director can still initiate rezoning based on <br />5 <br /> <br />