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NONCONFORMING USE PERMIT ANALYSIS <br />Zoning Code Section 4-030 (1) states that schools are allowed in a residential district by Special Use <br />Permit “provided that no structure shall be nearer than thirty feet to any R-1 or R-2 lot line”. The <br />applicant has submitted plans showing the location of the proposed press box to be 11.4 feet from the <br />southern property line. The neighboring properties along the southern lot line are zoned R-2, Two <br />Family Residential. Chapter 8 of the Zoning Code allows issuance of a Nonconforming Use Permit to <br />allow nonconformities to continue when one or more of the following conditions can be met (staff <br />responses in italics): <br /> <br />A. The total number of nonconformities is reduced. <br /> <br />It is not practical to reduce the level of nonconformity by increasing the setback to the southerly <br />lot line. Increasing the setback will not change the fact that the bleachers will remain at their <br />current location. And while the replacement press box is one foot larger in width and twelve feet <br />larger in length, that increase is being absorbed within the existing bleachers. <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 is met. No additional setback encroachment is proposed. Further, the <br />replacement press box will be of higher quality than the existing press box, reducing the impact <br />upon adjacent premises. <br /> <br />C. The extent of any nonconformity is reduced where practical. <br /> <br />This criterion is met. It is not practical to reduce the nonconforming setback. <br /> <br />Based on the above analysis, staff finds the nonconforming use permit criteria have been met. Staff <br />would recommend approval. <br /> <br />STAFF RECOMMENDATION <br />Adopt the attached Resolution recommending the City Council approve the Special Use Permit and <br />Nonconforming Use Permit subject to the following condition: <br />1. The proposed press box is constructed in accordance with the plans submitted with the Special <br />Use Permit and Nonconforming Use Permit applications. <br /> <br /> <br /> <br /> <br />Mark Andrle, Community Assets & <br />Development/GIS Specialist <br />