PC Packet 06-18-2013 - Laserfiche WebLink

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In addition to the Special Use Permit standards specific to accessory buildings in residential districts, all Special Use Permits must be reviewed in accordance with Section 8-130, which states no special use shall be recommended by the Planning Commission unless it shall find: a. That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public. It is of staff's opinion this criterion is met. The proposed garage will be constructed in the rear yard off the alleyway, where numerous other garages currently exist. The applicant maintains his property well and it is expected the proposed garage will be constructed and maintained to the same high standard. b. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. It is of staff's opinion this criterion is met. Again, the proposed garage will be constructed in the rear yard off the alleyway where numerous other garages currently exist. The applicant intends to use the garage for storage, which should not negatively impact enjoyment of other property or negatively impact property values. c. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. It is of staff's opinion this criterion is met. The area is fully developed with high- density residential uses. The garage will fit into the character of the older neighborhood. d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. This criterion is met. The applicant will utilize existing utilities and access roads. e. That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located. It is staff's opinion this criterion is met. The proposed garage meets all required setbacks, structural coverage, hardcover, and building height regulations. Based on the requirements of Section 4-530 (1) (E) & (K) and Section 8-130, staff has determined all special use standards have been met. NONCONFORMING USE PERMIT ANALYSIS Upon completion of a survey it was determined that the front yard setback and side street yard setback of the existing home was less than 30', which is required under Zoning Code Section 4- 040 (3). These constitute type 4 nonconformities in accordance with Zoning Code Section 8-