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Of Report Number <br />EW <br />Ma_nM Agenda Section <br />'b% <br />the city that works for you Council Meeting Date <br />REQUEST FOR COUNCIL CONSIDERATION <br />10-216 <br />VI -2 <br />September 28, 2010 <br />ITEM DESCRIPTION: Consideration of a Nonconforming Use Permit for Grandview Custom Homes <br />allowing for a home addition at 742 2nd AVE NW. <br />DEPARTMENT HEAD'S APPROVAL: Grant Femelius, Community Development Director er— <br />CITY MANAGER'S APPROVAL: <br />No comments to supplement this report 5� Comments attached <br />15.99 Deadline: November 2, 2010 <br />Recommendation: Adopt the attached Resolution approving the request, subject to one condition. <br />Legislative History: September 21, 2010: The Planning Commission considered the request and held a <br />public hearing. No testimony was given. The Commission recommended approval of the request <br />consistent with the staff recommendation. This included a condition of approval stating that if the <br />detached garage is ever replaced it must be rebuilt meeting the 5' rear yard setback. <br />Financial Impact: None <br />Explanation: The applicant is requesting a Nonconforming Use Permit to allow a 24' x 26' addition to <br />the rear of the existing home, which maintains a 6' setback to the front lot line when 30' is required. <br />Additionally, a second nonconformity exists where the existing detached garage is setback 4' from the <br />rear lot line when 5' is normally required. The proposed addition will meet all required side and rear <br />yard setbacks. The applicant has recently demolished a 15' x 20' addition in the area where the new <br />addition will be placed as it was in immense disrepair. Zoning Code Section 8-460 requires review and <br />approval of a Nonconforming Use Permit to determine if nonconformities can be reduced and/or <br />eliminated where practical. <br />Staff provided a detailed analysis of compliance with the nonconforming use standards of Zoning Code <br />Section 8-460 within the attached Planning Report. Staff finds all criteria have been met. <br />The following are attached for further reference: A) Resolution, B) Planning Report & Exhibits dated <br />9/14/2010. <br />Costs and Funding: Not applicable <br />J',tAtt,,k Gu*Ldfa&e <br />Janice Gundlach <br />City Planner <br />