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b. Nearly all usable yard space without 100 year flood impacts would be <br />eliminated. <br />7. The Planning Commission and City Council have determined the detached <br />garage cannot be rebuilt without approval of a side yard setback variance due <br />to the following: <br />a. The pinching effect created by the orientation of the side lots lines. <br />b. Maintaining positive drainage away from the home, which includes a <br />full basement. <br />C. The current configuration of the detached garage and location of the <br />house and their impact on drainage. <br />d. Reasonable and practical use, including boating and storage concerns, of <br />the property would not otherwise exist. <br />8. The Planning Commission and City Council considered the proposed <br />Nonconforming Use Permit in accordance with the following criteria of <br />Zoning Code Section 8-460, which identified Type 4 nonconformities: <br />a. The total number of nonconformities is reduced. <br />b. The impact of any nonconformity upon adjacent premises is reduced to <br />the greatest practical extent. <br />C. The extent of any nonconformity is reduced where practical. <br />9. The Planning Commission and City Council determined the Nonconforming <br />Use Permit criteria have been met due to the following: <br />a. The existing front and side yard setback nonconformities associated with <br />the detached garage are being reduced and/or eliminated. <br />b. The nonconforming front yard setback of the existing home cannot be <br />practically reduced. <br />THEREFORE BE IT RESOLVED, the application for a front yard and side yard <br />c Variance (VN2010-001) and Nonconforming Use Permit (NC2010-003) are <br />approved as submitted. <br />this 25h day of May, 2010. <br />n <br />T <br />id'A._14aims, Diraitor of Finance <br />Support Servim / City Clerk <br />/., �'Q-ee "', -; <br />fid <br />Dave Jac sen, Mayor <br />