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<br /> <br />4 <br /> <br />the surrounding area. Staff recommends approval of the Variance and Nonconforming Use Permit, <br />subject to Findings of Fact and the following conditions: <br />1. The footprint of the new addition shall match the existing solarium footprint, and all other <br />aspects of the addition shall be in compliance with other building and zoning code requirements. <br />2. The applicant shall obtain all necessary permits and approvals from the City and other applicable <br />entities with jurisdiction prior to any construction. <br />3. The variance shall expire if a building permit is not applied for within one year from the date of <br />resolution, or the variance shall expire. <br />4. The face of the awning on the south side of the building shall be repaired by replacing the missing <br />panel(s) facing County Road D. <br />Chairperson Nichols-Matkaiti asked what triggered the variance request. City Planner Gozola reported <br />the variance was triggered by the expansion to the roofline in the setback. Further discussion ensued <br />regarding the differences between variance and nonconforming use requests. <br />Chairperson Nichols-Matkaiti opened the Public Hearing at 7:45 p.m. <br />Motion by Commissioner Biedenfeld, seconded by Commissioner McQuillan to close the Public <br />Hearing at 7:46 p.m. <br />Approved 7-0. <br />Motion by Commissioner Frischman, seconded by Commissioner McQuillan, to approve staff <br />recommendation. <br />Approved 7-0. <br />(C) SPECIAL USE & NONCONFORMING USE PERMITS. A request from Joshua Burrs to operate an <br />automobile repair (minor) business with an accompanying 5-car maximum auto sales business <br />from an existing building located at 383 Old Highway 8. Existing parking is legal nonconforming <br />requiring a nonconforming use permit – PID: 29-30-23-42-0020. <br />City Planner Gozola reported Operation of an automobile sales business and automotive repair <br />business out of the former Steve’s Gas & Splash building located at 383 Old Highway 8. Mr. Burrs has <br />determined his property at 581 Old Highway 8 will not meet the needs of his automotive sales <br />business, and he is seeking to relocate his dealer’s license to this address. The new use would be an <br />automotive repair business with auto sales (and/or rental or loaners) for no more than five cars. The <br />repair shop would service the for-sale vehicles being sold by Mr. Burrs from his various locations, and <br />would also provide service to the public. In addition to auto repair, the service shop would provide DOT <br />inspections for Lyft, Uber, and Taxi drivers. Staff recommends approval of the Special Use and <br />Nonconforming Use Permit, subject to the Findings of Fact and the following conditions: <br />