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V <br />• <br />E <br />• <br />PLANNING REPORT <br />DATE: June 10, 2008 <br />CASE: NC2008-003, SP2008-011 <br />SUBJECT: Nonconforming Use Permit and Special Use Permit to Allow Construction <br />of a Deck and 3rd Stall Garage Addition Where the an Existing Side Yard <br />Setback is Less than 5 Feet <br />APPLICANT: Michael Skiba <br />REQUEST & BACKGROUND <br />The applicant is requesting consideration of a Special Use Permit and Nonconforming Use <br />Permit in order to construct a deck onto the existing home and a garage addition. The <br />Nonconforming Use Permit is required as the existing detached garage is setback 3' from the <br />side lot line when 5' is normally required. Any improvement to a property, even in a conforming <br />manner, requires consideration of a nonconforming use permit if nonconfonnities exist on the <br />property. Lastly, the applicant would like to construct an addition to the existing detached <br />garage. The existing garage measures 22' x 24' or 528 SF. The proposed addition measures 12' <br />x 22' or 264 SF. The combined square footage of the detached garage would equal more than <br />624 SF at 792 SF, thus requiring a Special Use Permit. <br />The applicant has approached staff on several occasions inquiring about making improvements <br />to his property. Unfortunately, the existing detached garage is setback less than the required 5' <br />side yard setback. This nonconformity has prevented the applicant from applying for a building <br />permit until a Nonconforming Use Permit could be considered. The applicant obtained a survey <br />and has requested two improvements in an effort to plan ahead and not have to undergo the <br />nonconforming use permit process multiple times. <br />ATTACHMENTS <br />A — Resolution <br />B — Project Location Map <br />C — Zoning Map <br />D — Aerial Photograph <br />E — Neighborhood Notification Map <br />F — Applicant Narrative <br />G — Existing Condition Photos <br />H — Proposed Deck Floor Plan <br />I — Proposed Garage Addition Illustrations <br />J — Existing & Proposed Conditions Survey <br />FINDINGS <br />Section 4-530. Accessory Buildings in Residential Districts <br />Section 8-130. Special Use Standards <br />Section 8-460. Regulations as to Type 4 Nonconformities <br />SITE CHARACTERISTICS <br />1. Location: <br />2. Lot Size: <br />3. Topography: <br />1121 10 Street NW <br />33,101 SF or 0.76 Acres <br />Generally Flat — Slopes to the Rear <br />