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i <br /> r i+om <br /> Page 5 <br /> �:� <br /> � , , � � , _ .. . <br /> 2. Insubstantial changes or additions which are customary <br /> and expected or which do not m.iterially change the <br /> use or prolong the life of the non-conforming use or <br /> structure will be considered. . . lawful" (59-2) . We do <br /> not consider the expansion of an auto repair to auto sales <br /> to be insubstantial and feel that it does in fact <br /> prolonq the l.ife of the use. It is made clear in Rathkopf <br /> that the purpose of the non-conforminc� use designation is <br /> to gradually cause the elimination of said �se. <br /> 3. (Without a specific code to the contrary) "an increas� <br /> in the volume of trade or business conducted as a non- <br /> conforming use or an intensification of such use is <br /> permissable as long as the nature and character of the <br /> use is unchanged and substantially the same facilities <br /> are used" (60-1) . We contend that Frost has not inten- <br /> sified his auto repair business, but rather has expanded <br /> the scope of his operation to include sales . This is a <br /> change in character. Also, he is not "substantially" <br /> using the same facilities since he is using another portion <br /> of his property for the sales. <br /> In summary, we wish to force Mr. Frost to cease any sales activity <br /> at 1107 - 1111 Casino Road. However, if the City Attorney does <br /> not feel we have a case, then it should not be pursued any further. <br /> Immediate attention to this matter by all parties is requested. <br /> Attachments <br /> RHS/mt <br />