11-16-2010 - Laserfiche WebLink

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In order for the site to be improved, these nonconformities must be evaluated through the Nonconforming Use Permit process. Zoning Code Section 8-460 states that a Nonconforming Use Permit may be granted when one or more of the following conditions are met (staff responses in italics): A. The total number of nonconformities is reduced. The applicant has indicated the rear yard parking lot setback will be eliminated. They plan to immediately remove the 2-3 feet of asphalt, grade, and establish groundcover. B. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. Reducing the rear yard parking lot setback will create additional separation between this property and the adjacent car wash to the west. There will be no additional impacts beyond what exists today related to the other nonconformities on site. C. The extent of any nonconformity is reduced where practical. The applicant is removing the nonconformity this is most practical to accomplish. The other nonconformities are not practical to reduce because of the steep topographic change and an extreme loss in parking stalls. Staff finds that with removal of the nonconforming rear yard setback, the nonconforming criteria of Zoning Code Section 8-460 have been met. STAFF RECOMMENDATION Recommend the City Council approve the Special Use Permit and Nonconforming Use Permit, subject to the following conditions: 1. A rear yard parking lot setback of 5' is met. 2. The drive-thru use is limited to Dairy Queen/Orange Julius. 3. A crosswalk is painted from the 10 parking stalls at the south end of the site, north towards the front door to provide a safe pedestrian crossing across the drive-thru lane. 4. The menu board shall be directed south/southwest to ensure it isn't audible from adjacent residential properties. Janice Gundlach, City Planner