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