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Nonconforming Use Permit – 23 15th Ave SW Planning Commission Report; 4-2-19 Page 3 Notable Code Definitions:  SETBACK. The minimum horizontal distance from a building, structure, fence, or parking lot to a lot line. Applicable Codes:  Chapter 4, Article 1, R-1 District. Identifies minimum setbacks in R-1 districts. Applicant’s Narrative: I am the remodeling contractor hired by Lynell Gupta, resident and owner of the property located at 23 15th Avenue SW, New Brighton. Ms Gupta has intended to do a major remodel of her property, which will include an addition to the rear portion of her property, cosmetic updates to the front and side portions of her property. After the paid application for a Building Permit had been submitted, your zoning department had informed me that the front setback is now out of conformance per the city code specifications and has deemed the property as a non-conforming property. A variance is now required for the proposed improvements, even though the remodel is not within the “non-conforming” portion of the property. I request the variance be permitted. I also feel compelled to state that this is a ridiculous request. This is an approved and established neighborhood with front setbacks that appear to align all the house. To my untrained eye – it appears that the setback was different when plotting this neighborhood versus the current code. I feel that this should be a “Grandfathered” rather than a variance activity. You not only delay the remodeling process but cost your own resident additional and unnecessary costs. Nonconforming Use Permit Review In General: A nonconforming use permit is required due to the front of the existing home being within the 30-foot front yard setback. Per Chapter 8, Article 4 of the zoning code, the legal nonconforming structure (house) is considered a Type 4 Nonconformity, and therefore new construction must be reviewed and authorized by the City Council prior to staff issuing a building permit. Criteria Review: Zoning Code Section 8-460 contains three standards the City must review prior to authorizing continuance of a Type 4 nonconformity. Per code, permission to continue the nonconformity may be granted only if one or more of the following conditions are met 1. The total number of nonconformities is reduced. STAFF COMMENTS: The total number of nonconformities (1) will be unchanged as a result of the proposed work. The proposed project is completely unrelated to the legal nonconforming front yard setback, and cannot solve the existing problem.