Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Certificate Of Occupancy Appeal topic
No spam. Unsubscribe anytime.
Zoning board holds appeal of denied certificate of occupancy for 912 W. 9th; applicant advised to pursue use variance
Summary
The board held an appeal of a denied certificate of occupancy for 912 West 9th after staff said the building was considered abandoned and utilities had been off since 2022; the applicant was advised to gather utility and ownership records and pursue a use-variance application rather than litigate immediately.
The Zoning Board of Appeals on Wednesday, Feb. 7 held an appeal brought by an applicant seeking a certificate of occupancy for a neighborhood store at 912 West 9th.
The applicant's representative said the business owner had paused operations during financial hardship and turned off utilities while renovating and planning to reopen. The zoning administrator told the board the property had been in disrepair, had code-enforcement actions and that the water had been off since 2022, a key factor in finding the use abandoned and issuing the earlier denial.
The law director and other board members reviewed a brief submitted by the applicant's counsel and questioned legal citations in that filing. The law director said some of the cases cited in the brief either could not be located or did not support the propositions claimed. The board advised the applicant to provide documentation about when utilities were shut off and to consider filing a use-variance application, which would use different legal standards than an appeal of the denial.
Attorney Adam Zayed stated the applicant would likely pursue a use variance and asked the board to hold the matter so the proper paperwork could be filed; the board voted to hold the appeal in advance to allow the applicant time to pursue the alternative route and to provide requested documentation.
