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Staff finds this criterion does not apply as the existing area is fully developed in <br />accordance with single family zoning and the proposed garage addition will not <br />impact this. <br />d. That adequate utilities, access roads, drainage and/or necessary facilities have been or <br />are being provided. <br />Staff finds this criterion to be met. Because the project consists only of an addition to <br />an existing structure, adequate utilities, roads, and drainage are provided. <br />e. That the special use shall, in all other respects, conform to the applicable regulations <br />of the district in which it located. <br />Subject to granting of a nonconforming use permit, all other applicable regulations <br />are met. <br />Staff finds all Special Use criteria to be met. <br />Nonconforming Use Permit <br />Upon submission of the Certificate of Survey it was discovered that the existing play house in <br />the rear yard does not meet the required 5' setback. This constitutes a nonconforming use <br />whereby a Nonconforming Use Permit must be approved in order to proceed with a building <br />permit. While this play house structure is well under the 120 s.f. threshold whereby a building <br />40 permit would be required, the 5' setback must be met. Currently, the play house structure sits <br />about 1.5' off the rear lot line. <br />Zoning Code Section 8-460 requires that one or more of the following conditions are met in <br />order to grant a Nonconforming Use Permit: <br />a. The total number of nonconformities is reduced. <br />b. The impact of any nonconformity upon adjacent premises is reduced to the greatest <br />practical extent. <br />C. The extent of any nonconformity is reduced where practical. <br />Staff would recommend that in order to comply with the above noted section the applicant <br />should be required to relocate the play house structure to a 5' setback from the rear lot line if <br />structurally possible. This recommendation is consistent with how other similar applications <br />have been treated. <br />RECOMMENDATION <br />Approve the request subject to the 9' x 5' playhouse structure, as noted on the survey, be moved <br />to a location 5' from all lot lines if structurally possible. <br />16??al Qtllvallf/? <br />0 Janice Gundlach, City Planner