LivingStrong Appeal <br />October 12,2020 <br />Page4 <br />b.Significant Change in Use:The Director’sdecisionfails to adequately address the <br />change in use issueraised at pages7to10in out the June 26 letter and fails to <br />demonstrate the proposal meets the “insignificant”test in this standard.Most <br />significantly, the Director fails to adequately address theallegation that the applicant has <br />failed to demonstrate there is a lawful “use”to change from, as theformer <br />nonconforming ShopoKouse ceased for more thana year and, therefore, lost itsright to <br />continue, much less to change under thecode. Absent a lawful “use”(due to the <br />discontinuance) there is nobasis for a comparison of a before and after use.The change <br />in use, therefore, flunks the insignificant standard, for all the reasons stated in the June 26 <br />letter. <br />c.Significant ChangeinImpacton Surrounding Properties: The Director’sdecision <br />fails to adequately address the impact on surrounding propertiesissues raised at page 11 <br />of our June 26 letterand fails to demonstrate the proposal meets the “insignificant”test <br />with respect tothis standard.Initially, because, as discussed above, there is no lawful use <br />at the site because the ShopKononconforming use ceased for more than 365 days, the <br />correct baseline forapplying the test should be a comparison of no use with the proposed <br />WINCO use. When that test is applied, the externalities of the proposed use are <br />significant. <br />Addition of Bottle Redemption Center: As explained in our June 26 letter, the additionof <br />the bottle redemption center will have significantimpacts. The Director’sdecisiondoes <br />not adequately address the impacts of this new aspectto the use. <br />Reconfigured Loading Dock and Waste Area: As explained in our June 26 letter, changes <br />to the loading dock will affect trucktraffic and have a significant impact on surrounding <br />properties. Theautomobile and pedestrian traffic accessing theOMG clinic to the east <br />will be adversely impacted. The changes to the loading dock and refuse area will have a <br />significant adverse change in impact on the residents living in The McKenzie at Crescent <br />Village on the north side of Crescent Avenue.While the site was occupied by ShopKo, <br />the department store had a much lower volume of truck deliveries than projectedwith <br />WinCo,and deliveries were not made after store business hours. It is irrefutable that the <br />24-hour operation of WinCo and the projected sales volumes willresult in significant <br />changesin external impacts on surrounding properties.The Director’sdecisiondoes not <br />adequately address the impacts of this new aspectto the use. <br />Change from ShopKo to WinCo (Department Store to Discount GroceryStore):As <br />explained inour June 26 letter, the proposeduse of the former ShopKo building by <br />WinCo will substantially increase the hours of operation, the volumeof goods sold,the <br />frequency of truck deliveries.Thechange will increase the number oftotal daily primary <br />trips by 2,442, according to WinCo’s withdrawn TIA. The increase in the levelof activity <br />is consideredan intensification of the legal nonconforming situation and is prohibitedin <br />the code.The Director’sdecisiondoes not adequately address the impacts of this new <br />aspectto the use. <br /> <br />