2016.09.20 PC Packet Combined - Laserfiche WebLink

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NONCONFORMING USE PERMIT ANALYSIS The applicant is requesting a Nonconforming Use Permit to allow existing nonconformities to remain. Those nonconformities consist of the following: • 0’ parking lot setback to the north and south side yards, when 5’ is required. • 15’ front yard parking lot setback, when 30’ is normally required. • Lack of appropriate exterior materials on the street side of the structure. • Curb cuts not meeting separation requirements. Zoning Code Section 8-460 (2) states that nonconforming use permits may only be granted 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 removing bituminous parking within the 5’ side yard setbacks to the north and south, eliminating two nonconforming parking lot setbacks. The applicant notes in the narrative provided that the 30’ front yard setback is met. This is inaccurate as the drive-aisle to access that parking does not meet setback, which is required. However, staff understands the need to have a row of parking in the front yard so it isn’t likely the 30’ setback could be me while also retaining those front yard stalls. B) The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. Staff finds this criterion to be met. Removing bituminous in the north and south required side yards will positively impact the immediately adjacent neighbors. Additionally, the applicant will be installing new exterior materials and improving the overall aesthetic quality of the building, positively impacting the neighborhood and Old Highway 8 corridor. C) The extent of any nonconformity is reduced where practical. Staff finds this criterion to be partially met. The standards in Section 8-460 (2) only require one or more of the standards to be met in order to grant approval, which the applicant has met. However, the curb cuts do not meet separation requirements. Zoning Code Section 11- 020 (8) (E) requires a separation of 50’ between curb cuts, but only 25’ exists. This standard could be met, or the nonconformity could be reduced if the applicant narrowed the existing curb cut widths. Staff has discussed this option with the applicant, but based on the written narrative provided he is unwilling to reduce the widths of these access points. Staff is inclined to accept that position at this time, however, the applicant should be put on notice any future improvements to Old Highway 8 NW will likely require reductions in curb cut width and/or closure of an access point. Staff recommends approval of the Nonconforming Use Permit.