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Report Number 08-177 Agenda Section VI -6 BRKAITON Report Date June 18, 2008 the city that works for you Council Meeting Date June 24, 2008 • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Michael Skiba requests approval of a Nonconforming Use Permit and Special Use Permit to allow construction of a deck and garage addition in excess of 624 SF at 1121 10 th ST NW. DEPARTMENT HEAD'S APPROVAL: Grant Femelius, Community Development Director CITY MANAGER'S APPROVAL: No comments to supplement this report Comments attached 15.99 Deadline: 7/29/2008 Recommendation: Adopt the Resolution provided, approving the Nonconforming Use Permit and Special Use Permit as requested. Legislative History: June 17, 2008: The Planning Commission considered the request and held a public hearing. No public testimony was given. The Commission voted 7-0 to approve the requests as submitted. Financial Impact: Not applicable Explanation: The applicant is requesting consideration of a Special Use Permit and Nonconforming Use Permit in order to construct a deck onto the existing home and a garage addition. The Nonconforming Use Permit is required as the existing detached garage is setback 3' from the side lot line when 5' is normally required. Any improvement to a property, even in a conforming manner, requires consideration of a nonconforming use permit if nonconformities exist on the property. Lastly, the applicant would like to construct an addition to the existing detached garage. The existing garage measures 22' x 24' or 528 SF. The proposed addition measures 12' x 22' or 264 SF. The combined square footage of the detached garage would equal more than 624 SF at 792 SF, thus requiring a Special Use Permit. Staff considered the Nonconforming Use Permit regulations of Section 8-460. Staff found all criteria to be met as the nonconformity cannot be reduced or eliminated without removal of the entire garage structure. Further, the garage is in good repair and has been updated to match the principle structure. Staff also considered the Special Use Standards of Sections 4-530 and 8-130. Being the garage addition would match the home, not be used for a commercial or home occupation, and didn't generate any concerns from the neighbors staff determined all special use criteria to be met. The Planning Commission agreed to the staff recommendation. The following are attached for further reference: A) Resolution, B) PC Report & Exhibits dated 6/10/2008. Costs and Funding: Not applicable Janice Gundlach City Planner