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*normally a rear yard setback of 5’ is required, but is increased in this instance due to abutting <br />residential uses. <br /> <br />Section 8-410 states that nonconformities should be eliminated over time. The section further <br />states an intention to ensure nonconformities are not expanded, extended, or their impacts <br />increased upon adjacent property. Section 8-420 identifies parking lot setbacks as “Type 4” <br />nonconformities. The addition of a drive-thru lane, and the need for a special use permit, <br />requires an analysis of the nonconforming use criteria. Section 8-460(2) states nonconforming <br />use permits may be permitted when one or more of the following conditions are met (staff <br />responses in italics): <br /> <br />A. The total number of nonconformities is reduced. <br /> <br />None of the proposed parking lot setbacks are proposed to be increased. <br /> <br />B. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical <br />extent. <br /> <br />Staff finds this criterion to be met. The applicant has taken steps to ensure sound from the drive- <br />thru speaker will not be heard at the adjacent townhomes. Staff would recommend a condition <br />of approval that sound from the drive-thru speaker not be audible at adjacent residences. For <br />reference purposes, the nearest townhome is 115’ east from the proposed drive-thru. <br /> <br />The applicant has also designed a minimal lighting plan that will direct one light downward at <br />both the ordering window and pick-up window. <br /> <br />Lastly, topographically the townhomes sit downslope an elevation 6’ – 8’ lower than the existing <br />commercial building where the drive-thru window would be constructed. This elevation change, <br />coupled with existing vegetation that will remain, should provide adequate buffer for noise and <br />lighting (including vehicle headlights). Staff would recommend a condition of approval that a <br />fence be constructed along the easterly north-south property line if the residences to the east <br />complain of headlight or noise disturbances. <br /> <br />C. The extent of any nonconformity is reduced where practical. <br /> <br />Staff finds it impractical to meet this criterion. Due to the existing parking lot layout and <br />building location, it is not practical to reduce the parking lot setback nonconformities as it would <br />reduce available parking stalls on-site and reduce drive-aisle widths to widths that are no longer <br />functional. The site already has one-way circulation and angled parking stalls, which maximizes <br />functionality. <br /> <br />To conclude the above analysis of the nonconforming use standards of Section 8-460, with <br />the conditions noted, staff finds all criteria have been met. <br /> <br />STAFF RECOMMENDATION <br />Recommend the City Council approve the Special Use Permit and Nonconforming Use Permit, <br />subject to compliance with the following conditions: <br />1. The drive-thru is constructed in accordance with the submitted plans and parameters <br />outlined within the Planning Report dated 3/11/2015.