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Of <br />BRMNITrON <br />the city that works for you <br />Report Number: ` ZZ <br />Agenda Section: Vill-) <br />Report Date 8/22/07 <br />Council Meeting Date 8/28/07 <br />• REQUEST FOR COUNCIL CONSIDERATION <br />ITEM DESCRIPTION: Special Use Permit (SP2007-010) and Nonconforming Use Permit (NC2007- <br />003) for Bill & Maria Lloyd to permit construction of an addition to the existing garage whereby the <br />totalsquare footage would exceed 624 s.f. for property located at 1901 Sky High Drive. <br />DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director <br />CITY MANAGER'S APPROVAL: <br />No comments to supplement this <br />Recommendation: To adopt the <br />Comments attached <br />approving the requests subject to conditions. <br />Legislative History: August 21, 2007: The Planning Commission considered the requests and held a <br />public hearing where all parties present were heard. The Commission voted 6-0 to approve the requests <br />subject to conditions. <br />Financial Impact: None <br />Explanation: The applicant is requesting a Special Use Permit to permit construction of an addition to <br />the existing attached garage. The existing garage is 20' x 24' or 480 square feet with the proposed <br />addition increasing the footprint to 23' x 35' or 805 square feet. The Zoning Code requires a Special <br />Use Permit for any garage exceeding 624 square feet. Additionally, the applicant must obtain a <br />Nonconforming Use Permit due to the existing 9' x 5' "playhouse" not meeting a 5' setback to the rear <br />lot line. This was discovered at the time the time the applicant submitted the Certificate of Survey. <br />The Special Use Permit was reviewed in accordance with the standards noted in Zoning Code Section 4- <br />530 (1) (K) and Section 8-130 and all criteria have been met. Additionally, with the condition that the <br />play structure in the rear yard is moved to meet a 5' setback, all nonconforming use standards of Section <br />8-460 have been met. The Planning Commission added a condition of approval stipulating that the floor <br />plans be revised to ensure compliance with the Home Occupation standards. This was in response to a <br />concern that too much floor area and/or rooms were devoted to the home business. As such, staff has <br />recommended conditional approval. <br />The following items are attached fore reference: A) Resolution, B) PC Report & Exhibits dated August <br />14, 2007. <br />Costs and Funding: None <br />Janice Gundlach <br />0 City Planner