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NONCONFORMING USE PERMIT ANALYSIS <br />Upon obtaining a survey of their property, staff informed the afflictions of a concord'orming side <br />yard setback of 4' when 5' if normally oNuired (the actual level of nonconformity is roughly <br />10'). This setback exists on the mothwcst comer of the home (all other setbacks are met). <br />Zoning Cade Section 8-410 requires that nonconformities be identified and eliminated when <br />practical prior to allowing any improvement to a concentrating structure. Session 8-420 <br />figs ntifies a nonconforming setback as a type 4 nonconformity. Saxon 8-460 regu aces type 4 <br />nonconfomuties and allows them to continue when expanding the structure if one or more of the <br />following conditions is met(staffresporvs initmlics): <br />a. The tend another ofnoncevforcities is reduced. <br />Carnot be met. <br />h. The impact of my nonconformity upon adjacent premises is reduced to the greatest <br />practical cancer. <br />Met. Shllyfinds thafdue to One angle of the homes andthat the abancesāž¢onions of the <br />homes are garage space, the impact of a 4' setback vs a 5' setback is negligible. <br />Thos, there Is no impact upon ahaceupremises. <br />C. The extent of any nonconformity is reduced where practical. <br />Met. Practically speaking, the nonconformity cannot be reduced without removing a <br />publionofthehow Removing abortion of the name is nor scum indlypramical <br />Staff finds that the nonconforming use standards of Section 8460 are met in that the <br />fining nonconformity cannot be practically reduced and has no impact on the adjacent <br />neighbor. <br />ST AFF RECOMMENDATION <br />Recommend the City Council approve the Special Use Permit and Nonconforming Use Permit <br />subject to the following conditions: <br />1. The applicant may revise (be site plan to allow f a 24' setback, maximizing the <br />setback allowance of Section 4040 (3) (B} <br />2. The exterior materials and roof lines compliment the existing announce. <br />G[fllutZk- <br />boom cwdlacb, city Plaster <br />