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Nonconforming Use Permit – 23 15th Ave SW <br />Planning Commission Report; 4-2-19 <br /> <br /> <br />Page 5 <br />Commission <br />Options: <br />The Planning Commission has the following options: <br />A) RECOMMEND APPROVAL OF THE REQUEST based on the <br />applicant’s submittals and findings of fact. <br />B) RECOMMEND DENIAL OF THE REQUEST based on the applicant’s <br />submittals and findings of fact. <br />C) TABLE THE ITEM and request additional information. <br />Based on an application date of 02/26/2019, the 60-day review period for this <br />application expires on 04/27/2019. This deadline can be extended an additional <br />60 days if more time is necessary. <br /> <br />Template Denial <br />Motion: <br />(not recommended) <br /> “I move that we recommend the City Council deny the requested <br />nonconforming use permit based on the following findings of fact:” <br />o (provide findings to support your conclusion) <br /> <br />Template Approval <br />Motion: <br />RECOMMENDED <br /> “I move we recommend the City Council approve the requested <br />nonconforming use permit based on the findings of fact listed on page 5 of <br />the report subject to the conditions listed on page 6 as may have been <br />amended here tonight.” <br /> <br />Suggested Findings <br />of Fact: <br />1. The footprint of the existing home is legal nonconforming to the required <br />front yard setback in the R-1 zoning district; <br />2. The proposed addition to the rear of the home will be conforming to all <br />applicable zoning codes including setbacks. <br />3. The total number of nonconformities (1) cannot be reduced unless the entire <br />home is moved. <br />4. The proposed addition will not have a negative impact the use and enjoyment <br />of surrounding properties. <br />5. Because elimination or reduction of the current legal nonconformity would <br />require the entire structure to be moved, there is no practical way to reduce <br />the existing nonconformity. <br /> <br />