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Commissioner Fynewever stated by removing two of the sheds on the property, the non -conformities on <br />this property would be reduced. She explained she would be willing to allow the playhouse to remain at <br />its current location. <br />Chairperson Nichols-Matkaiti questioned if this would set a precedent for future requests with non - <br />conformities. Planning Director Gundlach reported staff was tasked with interpreting City Code which <br />would require Mr. Hanscom to remove both sheds and the play structure. She indicated it wasn't <br />impractical to request this move and noted the applicant has stated he would be willing to relocate the <br />structure. She read the City Code requirements regarding non -conformities in full for the record, noting <br />it was her interpretation that all sheds should be removed, or that at the very least, the two sheds are <br />removed and the play structure is relocated to meet City setbacks. <br />Chairperson Nichol s-Matkaiti asked how the Commission wanted to address the play structure. <br />Commissioner Frischman stated she believed setting a precedence was an important consideration and <br />for this reason, she supported the play structure being relocated. <br />Commissioner Biedenfeld and Commissioner McQuillan agreed. <br />Commissioner Fynewever commented she appreciated the conversation and wanted to see the <br />Commission follow City Code requirements. <br />Commissioner Biedenfeld asked if there can be an agreement between the neighbors regarding the curb <br />cut. Planning Director Gundlach stated City Code would not allow the neighbor to dictate how close it <br />could be to their driveway, but rather would be determined by the City Engineer and the homeowner <br />regarding the appropriate separation. She explained it wouldn't matter if Condition 5 remained in place <br />or not because the requirement would remain the same. <br />Commissioner Frischman indicated she would like to see Condition 5 removed. <br />Commissioner McQuillan and Commissioner Fynewever agreed. <br />Motion by Commissioner Fynewever, seconded by Commissioner Frischman, to approve staff <br />recommendation amending Condition 4 and striking Condition 5. <br />Approved 7-0. <br />(D) Judy Anderson, acting on behalf of Rise, Inc. requests consideration of a Special Use Permit to <br />allow operation of adult day programs at 400 l Oth ST NW. <br />Planning Director Janice Gundlach reported the applicant is requesting a Special Use Permit to open and <br />operate adult day programs through Rise, Inc. within the New Brighton Community Center (NBCC) at <br />400 10th Street NW. The NBCC is zoned B-4, Downtown Business District and because this use (or a <br />similar use) is not listed within the permitted uses of the B-4 district, a Special Use Permit must be <br />obtained per Zoning Code Section 5-340 (4). Rise, Inc. intends to occupy an existing, vacant 866 SF <br />classroom space on the second floor of the NBCC (photos attached), serving a maximum of 21 persons, <br />which includes staff and program attendees. <br />on <br />