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� <br /> ,:�,,., <br /> Page 3 <br /> ,,�� <br /> June 28, 1974 Complaint received by a Mrs. Smith of <br /> motorcycles being sold by Frost with <br /> storage on street. Inspection made. <br /> Situation verified (attachment 13) <br /> With these facts, it appears that the following events have <br /> occurred since 1959 : <br /> In 1959, Frost purchased Lot BB from Howlett and moved in the <br /> house (verified through City Directory) . Howlett retained <br /> ownership of BA where he had at one time operated an auto <br /> rewind shop. The sale segregated the property, but left Lot <br /> 8A below the minimum County requirement of 7200 square feet. <br /> In 1962, the City annexed this property and shortly thereaf.ter <br /> Fzost got a business license from t}�e City to operate an auto <br /> repair facility. It is not known whether Fi�ost o�erated such a <br /> business at this location prior to annexation; however, the <br /> City Directory makes no mention of it. The business has <br /> operated continuously since the license was issued. <br /> In early ].965, Frost bought the service station at the inter- <br /> section of Evergreen Way and Holly Drive and amended his business <br /> license accordingly. The following year, he became licensed <br /> by the State to sell automobiles on the service station property. <br /> Shortly thereafter, he sold the station and shifted his used <br /> car sales to his property on Casino. This was detected by <br /> our inspectors who attempted to get Prost to cease his sales <br /> operation. He resisted and was taken to Court. For some reason, <br /> the case was dismissed. <br /> Having "won" this case, Frost then formally changed his St.ate <br /> license to the Casino Road address. Four years later, he acquired <br /> Parcel 8A and began using it to store or sell automobiles. He <br /> was again notified to cease expansion of his non-conforming use, <br /> but because he felt vindicated by the courts, he refused. He has <br /> now begun his motorcycle sales. <br /> What we are alleging in this matter is this: That Fay Frost <br /> probably established an illegal auto repair facility at 1111 Casino <br /> Road sometime between 1959 and 1962, since the zoning was resi- <br /> dential when the property was in the Ccunty. It could also be <br /> that he inherited a non-conforming use when he bought the property <br /> from Howlett. <br /> In either event, when the City annexed the property in 1962, we <br /> chose to view it as legally non-conforming. Frost then expanded <br /> the use to include automobile sales which in our oE>inion is in <br /> violation of the zoning code which states that a non-co;iforming <br /> use "shall not be expanded except in conformance with " Liie zoning <br /> ordinance. <br /> d <br />