2018.04.17 PC - Laserfiche WebLink

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Adequate utilities, roads, and drainage are provided on site. Staff is recommending the six parking stalls used for vehicle sales be paved to control dust and drainage. e. That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located. Staff has reviewed all relevant issues with regard to this business operating out of an existing tenant space and with conditions placed on the operation of the business, staff finds this criterion to be met. To conclude, with conditions related to the vehicle sales operation, staff finds the special use standards to be met. NONCONFORMING USE PERMIT ANALYSIS As noted in the Request & Background paragraphs, there are nonconformities present on site. Those nonconformities include: • Front yard parking lot setback less than required by code (15’ existing, 40’ required), • Rear yard parking lot setback less than required by code (0’ existing, 5’ required), • Side & rear yard building setbacks less than required by code (2’ and 19’ when 15’ and 20’ are required respectively) – for the building located in the northeast corner of the property. All three of these nonconformities were examined in 2016 as part of a nonconforming use permit review. The front yard setback was increased from 9’ to 15’, thus reducing to impact of this nonconformity. The rear yard parking lot setback and building setbacks were allowed to remain as they were less practical to reduce and/or eliminate and they had little impact on adjacent properties nor was the rear yard heavily used for parking. In order to introduce a new use into the building at the northeast corner of the property, a new Nonconforming Use Permit must be considered. The main concern would be the building setbacks less than required by code. Zoning Code section 8-460 (2) states that a nonconforming use permit may be granted only if one or more of the following conditions are met (staff responses in italics): A. The total number of nonconformities is reduced. As submitted, the applicant has not made any efforts to reduce nonconformities. Staff suggests conditions of approval that restrict parking within 5’ of the rear yard (there is no pavement) and for the six vehicle sales parking stalls to be paved to prevent storage within required setbacks. With these efforts, this criterion is met. B. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. Staff finds this criterion to be met. The property is surrounded by industrial uses within similar nonconformities. Additionally, the building setback to the side yard of 2’ when 15’ is required is adjacent to a parcel in common ownership with the applicant.