CCP 04-27-2010 - Laserfiche WebLink

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NONCONFORMING USE PERMIT ANALYSIS Upon obtaining a survey of their property, staff informed the applicants of a nonconforming side yard setback of 4' when 5' if normally required (the actual level of nonconformity is roughly 10"). This setback exists on the northwest corner of the home (all other setbacks are met). Zoning Code Section 8-410 requires that nonconformities be identified and eliminated when practical prior to allowing any improvement to a nonconforming structure. Section 8-420 indentifies a nonconforming setback as a type 4 nonconformity. Section 8-460 regulates type 4 nonconformities and allows them to continue when expanding the structure if one or more of the following conditions is met (staff responses in italics): a. The total number of nonconformities is reduced. Cannot be met. b. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. Met. Stafffinds that due to the angle of the homes and that the abutting portions of the homes are garage space, the impact of a 4' setback vs. a 5' setback is negligible. Thus, there is no impact upon adjacent premises. C. The extent of any nonconformity is reduced where practical. Met. Practically speaking, the nonconformity cannot be reduced without removing a portion of the home. Removing a portion of the home is not structurally practical. Staff finds that the nonconforming use standards of Section 8-460 are met in that the existing nonconformity cannot be practically reduced and has no impact on the adjacent neighbor. STAFF RECOMMENDATION Recommend the City Council approve the Special Use Permit and Nonconforming Use Permit subject to the following conditions: 1. The applicant may revise the site plan to allow for a 24' setback, maximizing the setback allowance of Section 4-040 (3) (B). 2. The exterior materials and roof lines compliment the existing structure. Janice Gundlach, City Planner