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• <br />• <br />rABRUMN <br />Report Number <br />Sh Agenda Section <br />the city that works for you Council Meeting Date <br />REQUEST FOR COUNCIL CONSIDERATION <br />10-107 <br />VI -5 <br />April 27, 2010 <br />ITEM DESCRIPTION: Consideration of a Special Use Permit and Nonconforming Use Permit to <br />permit a front entry addition within the front yard setback at 2738 17th Terrace NW. <br />DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director <br />Gtvr— <br />CITY MANAGER'S APPROVAL: <br />No comments to supplement this <br />15.99 Deadline: May 28, 2010 <br />Comments attached <br />Recommendation: Adopt the Resolution provided approving the Special Use Permit and <br />Nonconforming Use Permit, subject to the following three conditions: <br />1. The applicant may revise the site plan to allow for a 24' setback, maximizing the allowed <br />setback encroachment of 6' per Section 4-040(3)(B). <br />2. The exterior materials, colors, and roof lines shall compliment the existing structure. <br />3. The maximum width of the addition shall not exceed 12'. <br />Legislative History: April 20, 2010: <br />public hearing. No testimony was given. <br />Special Use Permit and Nonconforming <br />conditions. <br />Financial Impact: None <br />The Planning Commission considered the request and held a <br />The Commission voted unanimously to approve the requested <br />Use Permit in accordance with the staff recommended three <br />Explanation: The applicants are requesting consideration of a Special Use Permit and a <br />Nonconforming Use Permit to permit construction of an enclosed front entry within the required 30' <br />front yard setback. The proposed front entry would maintain a 25' setback and measure 5' in depth and <br />12' 3" in length. The Special Use Permit process allows a 6' encroachment or a 24' front yard setback. <br />Additionally, a Nonconforming Use Permit is necessary as the current survey depicts a 4' side yard <br />setback at the northwest corner of the existing home. Because 5' normally is required, the applicant <br />must obtain a Nonconforming Use Permit in order to proceed with the addition. <br />Staff provided a written analysis of the special use permit and nonconforming use permit criteria within <br />the attached Planning Report. Staff finds all criteria have been met, subject to compliance with the three <br />conditions noted above. Staff recommends approval. The following are attached for reference: A) <br />Resolution, B) Planning Report & Exhibits dated 4/13/2010. <br />n. <br />Costs and Funding: Not applicable <br />ti� CiGc wg&t - <br />Janice Gundlach <br />',City Planner <br />