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Of Report Number 10-263 Agenda Section VI -3 the city that works ork� s f Council Meeting Date November 23, 2010 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Don & Cindi Fitch request approval of a Special Use Permit and a Nonconforming Use Permit to allow construction of a drive-thru facility at 2200 Silver Lake Road. DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director CITY MANAGER'S APPROVAL: No comments to supplement this report F31 ---Comments attached 15.99 Deadline: December 28, 2010 Recommendation: Adopt the attached R4solgion approving the requests subject to five conditions. Legislative History: November 16, 2010: The Planning Commission considered the request and held a public hearing. Public testimony was given by one individual expresses support of the project. The Commission voted unanimously to approve the requests subject to five conditions. Financial Impact: None Explanation: The applicants are requesting consideration of a Special Use Permit to permit construction of a drive-thru facility at 2200 Silver Lake Road. This property consists of an existing multi -tenant commercial building, with the applicant wanting to occupy the most southern tenant space. The only actual improvements necessary for the drive-thru include a small driveway connection between the front and back parking lots and the actual drive-thru window on the southern facade of the building. Also required is a Nonconforming Use Permit to resolve some existing nonconforming parking issues on site. The applicant has met with staff several times to discuss the proposed drive-thru. The actual tenant would be Dairy Queen/Orange Julius. The building owners intend to do other non-structural facade updates, such as new railings, awnings, and paint. Also, the survey shows an area along the northern portion of the site that encroaches onto another property. This property is owned by the City. Public Works staff has indicated the applicant's use of this portion of property for parking is not problematic and will work with the City Attorney to correct the issue in the most appropriate manner. Staff provided a full written analysis of the special use and nonconforming use criteria of Zoning Code Sections 11-020(10), 8-130, and 8-460. Staff finds these criteria are met subject to implementation of the five conditions outlined in the attached Resolution. The following are attached for reference: A) Resolution, B) PC Report & Exhibits dated 11/12/2010. Costs and Funding: Not applicable Janice Gundlach ;City Planner