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but, Mr. McCarthy wrote, “there is no provision (in the town’s ordinance) which allows for a change of use.”
The zoning administrator added, however* that were a legal ruling to be sought, the state code “would, of course, ultimately prevail.”
The council also sought to have the request for approval of the new non-conforming use downstairs considered separately from the use of the upstairs. Mr. McCarthy said he found this “artificial in the extreme, any effort to divorce a portion of a building housing a nonconforming use from a consideration of intensity.”
In considering the proposal, Mr. McCarthy said, he looked at the current non-conforming use of the Cash Store as a retail use on the first floor and a “semi-improved storage area” upstairs. In that light, he said, “there is no ,way that I can make a finding that a professional office use on the first floor with three one-bedroom apartments on the second is a more restricted (i.e. less intense or of equal intensity) use.”
After failing to support the council’s finding, however, Mr. McCarthy noted that there is no definition of
See COUNCIL, p. 16
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