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Planning commission declines to act on Linden Avenue rezoning request, tells owner to apply for formal rezoning or prove nonconforming use
Summary
The commission considered a request regarding a property at 600 South Linden Avenue, heard that the property lacks a certificate of occupancy and has unpaid fees dating to 2019, and voted unanimously to decline taking action and to ask the owner to pursue formal rezoning or code remedies.
The Clarksburg Planning Commission unanimously voted to decline acting on a petition related to 600 South Linden Avenue and advised the owner to either file a formal rezoning petition or demonstrate that the existing use is a lawful nonconforming use.
Planning staff summarized the issue: the property, near Route 20 and Joyce Street, is currently zoned R-3 but was being used as a four-unit dwelling. Staff reported no certificate of occupancy since 2019 and unpaid residential rental and fire fees, and said there is no clear evidence the use remains legally nonconforming. Commissioners discussed three options: declare a nonconforming use, approve rezoning to R-4, or decline to act and ask the owner to pursue the appropriate administrative or rezoning process. Several commissioners stressed the need to handle similar properties consistently.
Staff proposed draft resolution language stating that the planning commission declines to act on the petition (referenced as coming from Lucas Property Group) and that, if the owner wishes to pursue the change, they must present a formal petition or work through code procedures to establish nonconforming status. The chair moved the resolution as described, it was seconded and passed by voice vote.
Meeting discussion noted potential remedies such as requiring off-street parking (an adjacent empty lot was identified as a possible option), conducting certificate-of-occupancy inspections, and collecting outstanding registration and fire fees. The commission did not specify a schedule for follow-up or enforcement steps in the public record; staff said they would prepare written resolution language.
