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2200 Old Highway 8 Access Analysis Planning Commission; 1-21-20 Page 3  The existing bulding will be 10’ from the roadway easement and will therefore become legal- nonconforming from the required roadway setback. Staff’s response: The applicant’s are correct that the building will become legal nonconforming to the required 40 foot setback from the right-of-way which cannot be avoided. That said, there are things that work in the applicant’s favor in this regard: 1) State statute protects legal nonconformities. With the exception of expansion of the building within the setback, the applicant can repair, replace, remodel, reroof, rewindow, etc, all parts of the existing building without any additional process. 2) The building is currently located in a way that IF it were to be expanded, the easiest/likeliest direction to do so would be south. Building to the south would be in a conforming location more than 40 feet from the right-of-way, and therefor no expansion of the nonconforming portion of the building would occur, so again no additional/new process would be required. Note that the City will soon be updating its zoning ordinance which will include elimination of antequated nonconformity provisions which currently apply in the before and after, and will clarify all landowner’s rights to build in conforming areas in a manner that complies with code. 3) Within this subdivision process, a clear record has been established as to the unique circumstances driving this right-of-way dedication. Should the applicant wish to expand the building WITHIN the 40 foot setback, they would appear to have ample grounds to make a compelling case for a variance.  The additional 30’ easement does the City no good as it does not have the same 30’ dedication on the two properties to the east. Staff’s response: As property develops or redevelops, the City has an opportunity to obtain right -of-way necessary to fulfill a legitimate City interest (i.e. maintaining roadway access for current and future development). Just as this property is going through the process now, so too might the properties at 2172 and 2180 go through the same process in the future at which point the additional right-of-way will be secured. It is not uncommon for years or decades to pass before a full right-of-way is realized in redevelopment situations like this involving multiple land owners.  No other City requires this type of dedication. Staff’s response: We completely disagree with this assertion. If anything, staff is liberally interpreting code by only requiring the “potential” that a publicly dedicated street can be built. All cities require legal access and/or full frontage on public roadways to eliminate land-locked parcels and the resulting neighbor disputes.