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.;.' )II WHEREAS, An application fora non-conforming use permit, NC-44 has been made by Superamerica to permit the construction of an addition on a site with existing Type IV non-conformities and, WHEREAS, The procedural history of the application is as follows: 1. That an application for a non-conforming use permit, NC-44 was filed with the City on April 2, 1980. I 2. That the Board of Review heard and reviewed the application at its regular meeting on April 15, 1980. 3. The written comments and analysis of the City Planner and all person's statements made at the Board of Review ~eeting were considered. II NOW THEREFORE BE IT RESOLVED, By the Board of Review that the foll~wing Findings of Fact are made in respect to NC-44: 1. That the site has the following existing Type IV non- conformities: a. -More than 2 driveways (Secti~n 12-060-c.); b. Lack of required front yard landscaping (Section 12-030 b) ; c. Lack of buffer zone across the street (Rice Creek Road) fr~m an R-l Distiict (Section 10-110 c); and d. Driveway less than 50 feet from street right-of-way intersection (Section 12-060 c). 2. That the applicant does not intend to eliminate totally the existing non-conformities because the general operation of the business imposes restrictions on total compliance with the zoning code; 3. That the applicant under NC-9 did the following in regard with this permit: a. Installed concrete curbing; b. Closed the southern driveway on Silver Lake Road; and c. Installed a 18 foot front yard landscpae area and a 15 foot side street yard landscape area. I II BE IT FURTHER RESOLVED, That the application for NC-44 is and hereby recommended for approval subject to the following conditions: I ,I Ii 'I I . I 1. That the landcape plan be revised and approved by the City Planner to include additional plantings for screening in both the front and side street yards; 2. That any and all existing outside storage be removed; 3. That all landscape areas be well maintained and free of debris or refuse; 4. That all parking on the site conform with approved site plans; 5. That all vehicles on the site are operable and are currently licensed; 6. That the addition (LP-99) be used only for storage and not be cohsidered a retail area. I I 1 I I I! II 1 I I ,I il I, Adopted this , 1980. day of Wayne Leverkuhn, Chairman Joan Archer, City Planner