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Site Plan & Nonconforming Use Variance Review – Jamatar II LLC and Everest Properties LLC <br />Planning Commission Report; 11-17-20 <br /> <br /> <br /> <br /> Page 10 <br />Parking & <br />Traffic: <br /> Because of the age of this area and the manner in which past approvals have <br />allowed this area to develop, the City’s main focus on parking must be that <br />proposed changes do not result in a reduction of available spaces. The relocation <br />of 10 spaces for Building A and the creation of four additional spaces for Building <br />C will achieve this goal. <br /> The presumed deficiency in overall parkinig existing at this time is a protected legal <br />nonconformity that cannot be improved given the overall lack of available land. <br /> The proposed changes will have no impact on the level of traffic to and from these <br />properties. <br /> <br />Sidewalks & <br />Trails: <br /> No additional sidewalks or trails would be required as a result of the proposed <br />easement & parking changes. <br /> <br /> <br />Nonconforming Use Variance Review: <br />Nonconforming <br />Use Analysis: <br /> <br /> <br /> <br /> <br /> <br />Past reports, some predating the current zoning code, clearly indicate the City has <br />approved many/all of the various legal nonconformities that now jump out on this <br />site such as the location of Building A (within side yard setbacks) and the location of <br />various parking spaces within required 5’ setbacks. The authorization of three <br />buildings (four including Dairy Queet) in such close proximity ultimately demands <br />that City approvals moving forward focus on maximize parking in a safe and shared <br />manner, and typical site embelishments such as side yard parking setbacks actually <br />become antithetical to the desired outcome. <br />Given this unique set of facts, staff is proposing the City process a nonconforming <br />use variance at this time to honor both existing and future zero foot parking setbacks <br />from all internal shared lot lines between these parcels (see below). <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />