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 0’ parking lot setback to the western side property line. <br /> Outdoor storage taller than 6’ and not meeting building setbacks to the west, east, and <br />south <br /> Outdoor storage areas not meeting minimum parking lot setbacks to the west and east <br />side property lines. <br /> Outdoor storage not meeting the 50’ OHWL setback from Jones Lake. <br /> <br />Zoning Code Section 8-460 (2) states that nonconforming use permits may only be granted if one <br />or more of the following conditions are met (staff responses in italics): <br />A) The total number of nonconformities is reduced. <br /> <br />Staff finds this criterion is not met. The applicant has not proposed reducing any <br />nonconformities. Staff has discussed this with the applicant and indicated reductions must be <br />made. Staff recommends the nonconforming 50’ OHWL setback to Jones Lake be eliminated. <br />Only with this nonconformity eliminated would staff consider this criterion to be met. <br /> <br />B) The impact of any nonconformity upon adjacent premises is reduced to the greatest <br />practical extent. <br /> <br />Staff finds this criterion is not met. Staff has discussed with the applicant the need to meet <br />the intent of the Nonconforming Use criteria and is recommending the applicant install the <br />required landscaping in the front and eastern side yard to reduce the impact of the outdoor <br />storage from view of the public roadway. The applicant is prepared to make this <br />improvement. With that, this criterion is met. <br /> <br />C) The extent of any nonconformity is reduced where practical. <br /> <br />With the recommendations noted in conditions A and B, staff finds the applicant will have <br />addressed all nonconformities that can be practically reduced. There is a zero foot setback <br />(parking and storage) to the western side property line. While this could be reduced, it <br />seems unnecessary give the adjacent Armstrong Rigging use. Additionally, these sites were <br />once in shared ownership where a side yard parking and storage setback wouldn’t have been <br />required. <br /> <br />Only with the staff recommendations noted in conditions A and B above of the nonconforming <br />criteria, would staff recommend approval of the Nonconforming Use Permit. <br /> <br />STAFF RECOMMENDATION <br />Staff recommends approval of the Site Plan, Special Use Permit, and Nonconforming Use <br />Permit, subject to the following conditions: <br /> <br />1. The project is developed in accordance with the submitted plans, provided as attachments <br />to the Planning Report dated 8-11-2016, except as otherwise noted in the conditions of <br />approval. <br />2. The Site Plan is amended to ensure following setbacks are met: <br />a. A 15’ building setback to the western north/south side property line, <br />b. A 50’ building setback to the OHWL of Jones Lake and such setback shall be <br />measured at the shortest perpendicular distance to the 895.2 contour.