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Report Number: 'A enda Section: V111- S Report Date 11/21/07 the city that works for you Council Meeting Date 11/27/07 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: McMonigal Architects requests a Nonconforming Use Permit in order to construct additions to the home at 1842 Long Lake Road where the existing home is nonconforming with regard to front and side yard setbacks. DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director Off CITY MANAGER'S APPROVAL: <0~ No comments to supplement this report Comments attached Recommendation: Adopt the attached Reso tion approving the request as submitted. Legislative History: November 20, 2007: The Planning Commission considered the request, held a public hearing, and recommended unanimous approval. Financial Impact: Not applicable Explanation: The applicant is requesting approval of a Nonconforming Use Permit for property located at 1842 Long Lake Road. The nonconformities include a front yard setback of 26' where 30' is required and a side yard setback of 4' where 5' is required. The applicant has proposed an addition to the rear of • the home, within all required setbacks, as well as other interior and exterior improvements. These improvements coupled with the existing nonconformities constitute an expansion of a nonconforming use. The applicant cannot reduce the nonconformities without removing the home, the impact on adjacent premises will not be increased, and the extent of the nonconformities will be reduced as the applicant is improving the home immensely. As such, staff finds that because the nonconformities are existing setbacks of the current home, the applicant has met the intent of Section 8-460 (2) and staff would recommend approval. Attachments: 1) Resolution, 2) PC Report & Exhibits dated 11/11/07. Costs and Funding: Not applicable Janice Gundlach City Planner •