CCP 06-24-2008 - Laserfiche WebLink

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4. Comprehensive Plan Designation: Low Density Residential 5. Zoning: R-1, Single Family Residential • 6. Surrounding Land Uses: North: I-694 South: Vacant Land — Single Family East: Single Family West: Single Family, Multi -Family NONCONFORMING USE PERMIT ANALYSIS The applicant is proposing the following improvements: • 16' x 14' deck on south side of home, and • 12'x 22' 3rd stall garage addition Both improvements meet all required setbacks. However, the applicant cannot proceed with building permits due to the existing detached garage being setback 3' from the side lot line when 5' is normally required. Section 8460 provides for regulations as to this type of nonconformity. The Council may grant approval if one or more of the following conditions are met (staff responses in italics). a. The total number of nonconformities is reduced. While the existing side yard setback cannot be met without removal of the entire garage structure, the applicant has proposed a garage addition and deck in a manner where the • required setbacks are met. b. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. It is of staff's opinion that this criterion is met. The most impacted property to the direct east also has a detached garage setback less than the required 5' setback In an effort to reduce the impact of the existing nonconformity, the applicant's proposed garage addition will be setback 5'. The proposed deck will also be constructed in conformance will all current setback standards, having no direct impact on the nonconformity. It must also be noted that the applicant has maintained the nonconforming garage in an effort to reduce its impact on adjacent premises. Its siding, door, window, and trim have been updated to match the principle structure. Further, the purpose of a side yard setback is to maintain adequate separation between properties and to allow for easy access and yard maintenance. The existing setback of 3' — 3.5' is being maintained and it doesn't appear that the decreased setback is causing any negative impacts on neither the applicant's property nor the neighbor's property. Lastly, as of the drafting of this report City staff has not heard of any concerns neighbors may have with the request. c. The extent of any nonconformity is reduced where practical. 0