Schoenberger v. Board of Adjustment of City of Phoenix

Appellant owns real property located in the City of Phoenix from which he operates a contractors business. On June 2, 1977, appellant was served with a notice of ordinance violation by the City of Phoenix Zoning Enforcement Section of the Building Safety Department. The violation alleged was the improper use of the premises for purposes not in conformance with the existing zoning. Approximately two weeks later, appellant filed an application for a zoning adjustment to permit a change from the former nonconforming use to a new nonconforming use. The Zoning Administrator for the city denied the application. Appellant then appealed the decision of the Zoning Administrator to the Board of Adjustment of the City of Phoenix. At the conclusion of the public hearing held on August 10, 1977, the Board upheld the decision of the Zoning Administrator denying appellants application.