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- i- <br />1. <br />The existing detached garage is removed. <br />2. The proposed 20' x 36' garage meets a 5' setback from the western side lot line. <br />5 ayes, 0 nays. MOTION APPROVED. <br />Public Hearings: NC2008-004 Nonconforming Use Permit to Permit Additions to a <br />Home with a Rear Yard Setback of Less than 5 Feet at 3112 nd AVE SE <br />The applicant is requesting a Nonconforming Use Permit to permit additions to the <br />existing home at 311 2nd Avenue SE. The nonconformity in question consists of a rear <br />yard setback of 1.15' to 2.4' abutting the eastern lot line when 5' is normally required. <br />No other nonconformities are present on site. Abutting the rear lot line is an undeveloped <br />20' alleyway containing sanitary sewer. The proposed additions include the following: <br />front porch and enclosed entryway at the front of the home, consisting of 568 SF and <br />meeting all required setbacks; additional living space at the south side of the home, <br />consisting of 200 SF and meeting all required setbacks; and an additional frost footing <br />under per -existing 2' deep foundation at rear of home. <br />O'Brien asked if the alley in the back is used. Gundlach replied that the easement is not <br />used as an alleyway; however there is a sanitary sewer line that runs down the middle of <br />it. <br />McNeill approached the Commission and stated the building plans have changed since <br />they were submitted. It has decided to demolish the existing structure, except for the <br />garage, and rebuild a new home that would meet the five-foot setback. Gundlach replied <br />that if the house is demolished, the new house must meet the five-foot setback and a non- <br />conforming use permit would not be required. However, she added that the existing <br />garage does not meet the five foot setback requirement. She added that depending on the <br />specific layout of the new home, the existing garage at a setback less than 5' may not be <br />supported by staff, since it would not meet the requirements of the ordinance. She <br />recommended that the application be tabled. <br />McNeill asked for some direction from the Commission on how he could meet the City <br />requirements and keep the existing garage. O'Brien recommended that the applicant <br />could consider shortening the wall of the garage to meet the setback requirements. <br />Motion Baker, second by O'Brien to TABLE THE NON CONFORMING USE APPLICATION <br />UNTIL SEPTEMBER MEETING. <br />5 ayes, 0 nays. MOTION APPROVED. <br />Public Hearing: SP2008-014 Special Use Permit to Allow an Amendment to the <br />General Development Plan for Construction of a Playground at 835 2'd Avenue NW <br />