2015.11.17 Packet Combined - Laserfiche WebLink

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the property for internet connectivity purposes. (5) That the special use shall in all other respects conform to the applicable regulations of the district in which it is located. Staff finds this criterion to be met. Details regarding applicable regulations were discussed in the Site Plan Analysis section of this report. To conclude, staff finds the special use permit criteria of Section 8-130 to be met. NONCONFORMING USE PERMIT ANALYSIS As noted in the Site Plan Analysis section of this report, there are parking lot setbacks on site that are less than required under the Zoning Code. Those setbacks are to the north and east, where 0' parking lot setbacks exist and a 5' setback is normally required. Additionally, the existing outdoor storage area is not fully screened from I -35W. These are considered Type 4 nonconformities under Zoning Code Section 8-460. In order to introduce a new use of truck and trailer sales, a Nonconforming Use Permit must be considered. Zoning Code Section 8-460(2) states that a nonconforming use permit may be granted only if one or more of the following conditions are met (staff responses in italics): A. The total number of nonconformities is reduced. Staff finds this criterion to be met. The applicant is eliminating the nonconforming setback to the eastern, north/south property line by removing 5' of bituminous. Additionally, the applicant is substantially reducing the nonconformity to the northern property line by removing 5' of bituminous along approximately % of the distance of the lot line. With regard to the nonconformity related to screening outdoor storage from I -35W, the applicant has proposed to reduce this level of nonconformity by implementing additional trees and shrubs along the eastern, north/south property line. More information is provided in the Site Plan Analysis section of this report. B. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. Staff finds this criterion to be met. The applicant is proposing reductions in the total nonconformities and is reducing them to the extent practical. C. The extent of any nonconformity is reduced where practical. Staff finds this criterion to be met. The applicant has provided practical reductions. Full elimination of the 0' parking lot setback to the north would create site functionality issues as the applicant maintains access around the north side of the building, west of the parking lot. Additionally, implementing a full screen from I -35W would create problems for visibility needs related to the sales use, as well as functional restrictions related to the transmission line easement. To conclude, staff finds the nonconforming use criteria of Section 8-460 to be met.