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Special Use Permit – Apple Tree Dental <br />Planning Commission Report; 6-20-23 <br /> <br /> <br />Page 11 <br />(cont.) <br /> <br /> The City Attorney is determining the extent of this (potential) problem as it relates <br />to the subject property, but regardless of those findings, there is clearly an issue of <br />unnecessary ROW that exists in this area of the community. In a worst-case <br />scenario, the ROW impacting 2311 and 2550 to the north also impacts the subject <br />lot. In a best-case scenario, the subject lot is free of obstructions, but the lots to the <br />north are still encumbered with remnant ROW. In either scenario, with Council’s <br />authorization, staff will follow this process up with a ROW vacation hearing to <br />ensure these issues do not impact any landowner in the area moving forward. <br /> Speaking specifically for this lot, staff has reviewed both areas of ROW that may <br />need to be vacated, and we have no problem recommending approval of both areas <br />for vacation. There are no public utilities in these areas, and no public interests <br />exist to keep them in place. Furthermore, all such areas have been used as private <br />property for over 30 years giving us a clear indication of the lack of public interest/ <br />need in these areas. In short, staff would recommend that these technical details <br />not hold up this project in terms of building permits or other public approvals. The <br />City will address all confirmed issues in the coming month(s). <br /> <br />Sidewalks & <br />Trails: <br /> No issues with public sidewalks or trails. <br /> <br />Development <br />Phasing: <br /> The garage would be constructed in a single phase. <br /> <br /> Special Use Permit Review <br />In General:  The need for a Special Use Permit is triggered by the expansion of a legal <br />nonconforming building in the MUN district along with expansion of the parking <br />lot to the north. <br /> <br />Criteria Review: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Zoning Code Section 8-130 contains five standards the City must review prior to making <br />a decision on any specially permitted use. The applicant’s response to each criteria and <br />staff analysis of each standard is shown on the following pages: <br /> <br />1. That the establishment, maintenance, or operations of the special use will not be <br />detrimental to or endanger the public health, safety, morals, comfort or general <br />welfare. <br />Applicant Comments: Apple Tree Dental's use, maintenance and operations of the site will not be <br />detrimental to or endanger the public health, safety, morals, comfort or general welfare of the <br />community or neighboring properties.