Laserfiche WebLink
them of her request. <br /> <br />B. That the special use will not be injurious to the use and enjoyment of other property in the <br />immediate vicinity for the purposes already permitted, nor substantially diminish and impair <br />property values within the neighborhood. <br /> <br />This criterion is met. The primary business hours for the drive-thru (early morning) are opposite <br />primary business hours for the other tenants in the building, most notably the restaurant, which <br />is busiest in the evenings. These differing hours ensures the users within the building will not be <br />negatively impacted by the proposed special use. Additionally, all drive-thru conditions have <br />been met, thus the use should not have a detrimental impact to other property in the immediate <br />vicinity. <br /> <br />C. That the establishment of the special use will not impede the normal and orderly <br />development and improvement of the surrounding property for uses permitted in the district. <br /> <br />This criterion does not apply. The area is fully developed. <br /> <br />D. That adequate utilities, access roads, drainage and/or necessary facilities have been or are <br />being provided. <br /> <br />This criterion is met. The proposed use will not put any undue strain on utilities or access roads. <br />Additionally, the drive-thru lane is being incorporated into existing hardcover, not creating any <br />additional surface water run-off. Lastly, the applicant has proposed a layout whereby existing <br />facilities on-site can be utilized in a manner to not negatively impact existing users of the multi- <br />tenant commercial building. <br /> <br />E. That the special use shall in all other respects conform to the applicable regulations of the <br />district in which it is located. <br /> <br />This criterion has been met. A full analysis of all special use standards has been provided within <br />this report. Additionally, a nonconforming use analysis was completed (below), acknowledging <br />existing nonconformities cannot practically be eliminated. <br /> <br />To conclude the above analysis of the special use standards of Section 8-130, staff finds all <br />criteria have been met. <br /> <br />NONCONFORMING USE PERMIT ANALYSIS <br />The site currently contains parking lot setbacks, as follows, that are less than required by current <br />code: <br /> <br />Section 11-020(6) Required Existing Proposed <br />Front (Silver Lake <br />RD) 30’ 0’ No change <br />Side (north) 5’ 0’ No change <br />Side (south) 5’ 0 – 2’ No change <br />Rear 25’* 5’ No change