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PLANNING REPORT <br />DATE: April 13,2010 <br />CASE: SP2010-003, LP2010-001 <br />SUBJECT: Special Use Permit & Nonconforming Use Permit to Permit <br />Errroachmem of the From Yard Setback for a Front Funny at 2738 IT° <br />Terrace NW <br />APPwcANT: David & Susan Hoel <br />REQUEST& BACKGROUND <br />The applicant are requesting consideration of a Special Use Permit and a Nonconforming Use <br />Pennit to permit construction of am enclosed front entry within the required 30' front yard <br />setback. The Proposed front entry would maintain a 25' setback arrd measure 5' in depth and 12' <br />3" in length. The Special Use Permit process allows a b' encroachment or a 24' Gum yard <br />setback. Additionally, a Nonconforming Use Permit is cecessary as the current survey depices a <br />4' side yard setback at the northwest corner of the existing home. Because 5' momally is <br />required, the applicant must obtain a Nonconforming Use Permit in order to proceed with the <br />addition. <br />Staff hes been working with the applicants for several months on this realuest. It was initially <br />thought that a Variance would he required as the applicant intended to construct enclosed space <br />within the front yard setback However research of city files confirmed that the special use <br />allowance in Zoning Cade Section 4-040 (3) (B) allows for front entry encroachments to be fully <br />enclosed. Lastly, only after obtaining a survey was it known that a nonconforming setback <br />exists, warranting consideration of Nonconforming Use Permit. <br />AC ACHMENTS <br />A - Resolution <br />B -Project Location Map <br />C - Zoning Map <br />D -Aerial Photo <br />E- Neighborhood Notification Map <br />F - Applicant Namadve RE Special Use Permit <br />G - Applicant Response to SLIP Questions <br />H - Applicant Narrative RE Nonconforming Use Permit <br />I - Applicant Response to Nonconforming Use Permit QuesOions <br />I - Existing An Proposed Survey <br />K - Existing & Proposed Floor Plan <br />L -Enlarged Front Entry Floor Plan <br />M -Proposer! Elevation View <br />FINDINGS <br />Section 4040 (3) UH. Lot Standards In an R-1 District <br />Section 8-430. Special Use Standards. <br />Section 8460. Regulations as m Type 4 NormonfDrmities. <br />81TECRARACTERISTICS <br />Location: 2138 17U Fenno NW <br />