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Of 11rVBW011(CJA-FM Report Number 08-050 Agenda Section VI-8 the city Gorks f�Report Date February 4, 2008 Council Meeting Date February 12, 2008 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 180 -Day Extension of a Special Use Permit and Nonconforming Use Permit Approved per Resolution 07-095 for Bill and Maria Floyd, 190 1 Sky High Drive. DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director ^ CITY MANAGER'S APPROVAL: No comments to supplement this comments to supplement this report SQFs Comments attached Comments attached Recommendation: To adopt the attached Resolution approving a 180 -day extension of previous land use approvals for 1901 Sky High Drive. Legislative History: August 21, 2007: The Planning Commission held a public hearing and recommended conditional approval of a Special Use Permit and Nonconforming Use Permit for 1901 Sky High Drive. August 28, 2007: The City Council considered the requested Special Use Permit and Nonconforming Use Permit and adopted Resolution 07-095, approving the request subject to one condition. Financial Impact: Not applicable 40 Explanation: The applicant obtained a Special Use Permit and Nonconforming Use Permit on August 28, 2007 that allowed construction of additions to their home at 1901 Sky High Drive. Specifically, the Special Use Permit allowed for a garage to exceed 624 s.% and the Nonconforming Use Permit allowed the existing play structure to remain located at a setback less than the required 5'. Per Zoning Code Section 8-250 a Special Use Permit expires if a building permit is not obtained for the project within 180 days of its approval. The Council granted approval on August 28, 2007 and thus the 180 days would expire on February 28, 2008. The applicant has indicated that construction cannot begin within that time period and has requested an extension of 180 days. Per Section 8-250 an applicant has the ability to be granted an extension if it is requested prior to the 180 day expiration. It has been common practice to grant such extensions for 180 days. The following are attached for reference: A) Resolution, B) Resolution 07-095, C) Council Minutes of 8/28/2007, D) Extension Request, E) Existing & Proposed Survey. Costs and Funding: Not applicable �-- Janice Gundlach City Planner