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The applicant is unable to reduce the nonconformities related to the house without <br />removing a portion of the home or garage, which is not structurally practical or <br />consistent with past actions of the Planning Commission or City Council. The applicant <br />has stated he intends to remove the sheds that are within the side street yard setback. <br />The removal of these sheds will reduce the number of nonconformities on this property. <br /> <br />B. The impact of any nonconformity upon adjacent premises is reduced to the greatest <br />practical extent. <br /> <br />The impact of the existing nonconformities will be reduced by the removal of the sheds <br />along with east side of the property. The nonconformity related to the front yard setback <br />of the principal structure is not increasing and the proposed improvements will meet <br />current standards. <br /> <br />C. The extent of any nonconformity is reduced where practical. <br /> <br />As stated in A and B above, it is not practical to reduce the existing nonconformities <br />related to the principal structure. The Planning Commission and City Council have <br />supported similar projects recognizing existing nonconforming conditions should not <br />reasonably prevent an applicant from making improvements. <br /> <br />Applicant responses to these standards can be found on the attached Nonconforming Use Permit <br />Standards Worksheet. Staff finds it is unreasonable and impractical to eliminate the <br />nonconforming front yard setback as it is part of the home's permanent structure and cannot be <br />reasonably reduced or eliminated without tearing off a portion of the home. With removal of the <br />two front yard sheds, the overall number of nonconformities is being reduced. As such, staff <br />finds all criteria of Section 8-460 have been met. <br /> <br />STAFF RECOMMENDATION <br />Recommend the City Council approve the Special Use Permit and Nonconforming Use Permit as <br />requested and subject to the following conditions: <br /> <br />1. The garage is constructed consistent with the plans submitted and attached to the <br />Planning Report dated April 17, 2018. <br />2. The exterior materials and colors match and/or compliment the home. <br />3. No commercial or home occupation activity shall be conducted within the proposed <br />garage or any other accessory buildings on the property. <br />4. Both sheds located on the east side of the property shall be removed prior to issuance of a <br />building permit for the proposed garage so as to ensure reduction in the number of <br />nonconformities on the property. <br />5. Should the applicant wish to construct a full driveway to the proposed detached garage in <br />the future, the driveway and curb-cut standards in Zoning Code Section 11-020 (8) shall <br />be met and a curb cut permit must be obtained. <br /> <br /> <br /> <br />Mark Andrle, Community Assets & <br />Development/GIS Specialist