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PLANNING REPORT <br />DATE: September 14, 2010 <br />CASE: NC2010-001 <br />SUBJECT: Nonconforming Use Permit for front and rear yard setbacks less than <br />required by Code <br />APPLICANT: Grandview Custom Homes, LLC on behalf of Tho Ngyuen <br />REQUEST & BACKGROUND <br />The applicant is requesting a Nonconforming Use Permit to allow a 24' x 26' addition to the rear <br />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' <br />from the rear lot line when 5' is normally required. The proposed addition will meet all required <br />side and rear yard setbacks. The applicant as recently demolished a 15' x 20' addition in the area <br />where the new addition will be placed as it was is immense disrepair. Zoning Code Section 8- <br />460 requires review and approval of a Nonconforming Use Permit to determine is <br />nonconformities can be reduced and/or eliminated where practical. <br />While not a part of this project, the applicant has advised City staff that improvements to the <br />detached garage have been discussed. Even though the detached garage is not included within <br />the current scope of work, staff would advise the Planning Commission to discuss the garage <br />nonconformity and conclude what/if any conditions should be included with this request. Doing <br />this would eliminate the applicant's need to re -appear to address the garage nonconformity at a <br />later date when the owner moves forward with improvements. <br />ATTACHMENTS <br />A - Resolution <br />B — Project Location Map <br />C — Zoning Map <br />D — Aerial Photograph <br />E - Neighborhood Notification Map <br />E - Pictometry Photos <br />F — Applicant Narrative <br />G — Nonconforming Use Permit Standards Worksheet <br />H - Proposed Elevations <br />I - Foundation Plan <br />J - Proposed Floor Plan <br />K - Proposed Cross Section <br />L - Certificate of Survey <br />FINDINGS <br />Section 8-460. Regulations as to Type 4 Nonconformities. <br />SITE CHARACTERISTICS <br />Location: <br />Lot Size: <br />Topography: <br />Comprehensive Plan Designation: <br />Zoning: <br />742 2nd AVE NW <br />10,078 SF (0.23 acres) <br />Slopes East to West <br />Low Density Residential <br />R-lA, Single Family Residential <br />