CCP 01-13-2009 - Laserfiche WebLink

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0 4 ayes, 0 nays. MOTION APPROVED. New Business: Commissioner O'Brien rejoined the Commission. Public Hearing: NC2008-006 Nonconforming Use Permit for 581 12th Avenue NW for a side street yard setback of 7.8 feet when 30 feet is currently required The applicant is requesting a Nonconforming Use Permit to allow for construction of a deck. The Nonconforming Use Permit would also allow the applicant to proceed with a future 15' x 42' addition to the home. The applicant's home was constructed in 1941 and is setback 7.8' from the side street lot line abutting 6th Street NW. Additionally, the detached garage located in the rear of the property is setback 25.4' from the side street lot line abutting 6th Street NW. The current zoning standards require a 30' setback at both locations. It is likely that the home predates zoning standards and the garage was constructed prior to 1981, when only a 15' side street yard setback was required. All other setbacks on site are compliant and the proposed deck and phased home addition would also comply with current zoning standards. The applicant has been attempting to renovate the home so as to be handicap accessible. The applicant intends to construct the deck yet this year; however the applicant has proposed a phased project that would include an addition to the home to be completed in the next 1 to 2 years. Nonconforming Use Permits do not expire, so staff suggested the applicant obtain approval for both projects to expedite the process. James Nelson, applicant, provided a scaled model of his existing home with the proposed deck and house addition. Danger asked if the handicap accessibility on the deck would include a ramp to the yard. Nelson replied that a ramp would eventually be added to the deck. O'Brien suggested that the deck would be more usable if it was eight feet wide and would support that change. Staff and Commissioners also supported this change. Motion by Baker, second by Zisla to CLOSE THE PUBLIC HEARING. 5 ayes, 0 nays. MOTION APPROVED. Motion by O'Brien, second by Danger to ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF THE NONCONFORMING USE PERMIT AS REQUESTED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The narrower portion of the deck running north -south be enlarged to 8' in width. 2. The proposed deck and house additions are constructed in accordance with the Proposed Site Plan, attached as Exhibit F. 3. If, at the time of building permit, the proposed deck and house additions to not match the Site Plan attached as Exhibit F the applicant must submit for an amendment to the Nonconforming Use Permit. �J