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REQUEST FOR COUNCIL ACTION Date: 3 December 2008 Item No. � Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis �� Title: Planning & Zoning Coordinator Item Description: Building Permit for a "wing wall" at 2455 Shadywood Road (Dr. Erick Englund DDS) Zoning District: B-4, Office and Professional Business District List of Exhibits: Exhibit A - Plan and Elevation Views of Proposal Application Summary: City Code Section 78-732 "Building permit application review" states: All applications for a building permit in any 8-4 office and professional district shall be reviewed by the council and may be referred to the planning commission for review. This item was on the Council's November 24th agenda and was removed. The property owner has asked to have it resubmitted but has modified it slightly. The property owner has submitted a building permit application for internal modifications (including moving the main entrance location), new windows and to re-side the building with a stone and metal finish. They have revised their previous building permit request to reflect the construction of a "wing wall" which is proposed to extend 7' away from the building toward the parking lot. The existing building encroaches into the side setback by approximately 5 feet. However, the proposed "wing wall" will not encroach into the sub-standard side setback as it is proposed to be 18.7' from the side lot line. The property owner is proposing to affix a sign to the building on the "wing wall". The sign does not need Council review but was included in the elevation views. The proposed sign appears to meet the Code requirements. There will be another phase of the application which will be before the Council in the near future. The property owner intends to move forward with their previous request for an open porch and an altered roofline through the variance process. Staff Recommendation Planning Staff finds that the proposal does not require variances or other land use approvals, nor does the proposal impact the parking requirements or other site plan components. Staff recommends the building permit be granted. COUNCIL ACTION REQUESTED Council should direct staff to issue the building permit or refer the application to the Planning Commission for a commercial site plan review.