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Special Use Permit – Power of Faith Ministries <br />Planning Commission Report; 11-20-18 <br /> <br /> <br />Page 7 <br />(cont) week, and factor that into their decision to rent. Current tenants were not able <br />to make that determination, and hence the proposed protections). <br />The proposed use is consistent with other uses on site and no aspect of the use <br />suggests it will impair area property values. <br /> <br />3. That the establishment of the special use will not impede the normal and orderly <br />development and improvement of the surrounding property for uses permitted in <br />the district. <br />STAFF COMMENTS: With the conditions already suggested, Power of Faith <br />should have no impact on the other tenants in the building, and should not impact <br />the uses on adjacent property. Leasing of the space to the church will have no more <br />impact than any other lease within the building on future development of the site for <br />Mixed Use Regional Node uses (the new land use in this area assuming the draft <br />2040 Comprehensive Plan is approved and goes into effect). Staff finds this <br />criterion to be met. <br /> <br />4. That adequate utilities, access roads, drainage and/or necessary facilities have <br />been or are being provided. <br />STAFF COMMENTS: Staff finds this criterion to be met. Public <br />Works/Engineering has reviewed the plans and offered no comments or concerns. <br />5. That the special use shall in all other respects conform to the applicable <br />regulations of the district in which it is located. <br />STAFF COMMENTS: Staff finds this criterion can be met provided a <br />nonconforming use permit is also issued as part of this review (see below). <br /> <br /> <br />Nonconforming Use Permit Review <br />In General:  A nonconforming use permit is needed as the existing parking lot is within 30 feet <br />of the right-of-way for 27th Avenue NW, and within 5 feet of the rear and side <br />yards abutting a residential use. Per Chapter 8, Article 4, of the zoning code, the <br />legal nonconforming parking lot is considered a Type 4 Nonconformity, and <br />therefore must be reviewed and authorized to continue prior to proposed <br />improvements being approved. <br /> <br />Criteria Review: <br /> <br /> <br /> <br /> <br /> <br />Zoning Code Section 8-460 contains three standards the City must review prior to <br />authorizing continuance of a Type 4 nonconformity. Per code, permission to continue <br />the nonconformity may be granted only if one or more of the following conditions are <br />met <br />1. The total number of nonconformities is reduced.