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Exhibit D <br />Page I of4 <br />Date Applicatioa Rccehrcd: 5-18-OS <br />Date Applkatioa CoasMered as Coaiplete: 5-18-05 <br />60-Day Review Period Eipiree: 7-17-05 <br />To;Chair Rahn and Planning Commission Members <br />Ron Moorse, City Administrator <br />From: Janice Gundlacb, City Planner'J^ <br />Date:June 16,2005 <br />Subject:05-3125, Christine Valerius, 2377 Shadywood Road <br />Conditional Use Permit Amendment, Side Street Setback Variance <br />Public Hearing <br />Zoning District: <br />Lot Area: <br />Lot Width: <br />B -1, Retail Sales Business District (20,000 s.f. minimum) <br />0.24 acres (10,350 s.f.) <br />90 feet (100’ required) <br />Application Summtuy: Applicant requests the following amendment to the conditional <br />use permit for a coffee dio^restaurant q>proved in April of2004: <br />1. Conditional use permit to allow the upper level of the new addition to be used as <br />office, >^ch is accessory to the principal use. <br />2. Side street setback variance to allow a second story stairway to be setback 21.5 <br />from the side street lot line when 35’ is required and 24’ currently exists. <br />Sti^RaeommendtMoH: Staff recommends: <br />1. Approval of the conditional use permit amendment to allow the upper level of the <br />new addition to be used as office of a general nature as no negative impacts result <br />with that use. <br />2. Denial of the side street setback variance to allow a further encroachment of the <br />side street of Lyric Avenue, as there are alternatives to the proposed exterior <br />staircase. <br />Pertincat Zoalng Ordinance Sections <br />Sec. 78-644. Conditional uses. Within the B-1 retail sales business district, no structure <br />or land shall be used for one of the following uses without a conditional use permit: <br />(8) Professional office and offices of a general nature. <br />Sec. 78-646. Area, height, lot width, setback requirements and design requirements. <br />(e) Setback requirements. No building shall be nearer than 35 feet to any front lot <br />line, 35 feet from any rear lot line, 15 feet from any side lot line, or 35 feet to a side lot <br />line adjacent to a street; except abutting or across the street from an R district, no <br />building shall be less than 35 feet from such lot line. <br />List of Exhibits <br />Exhibit A - Applications <br />Exhibit B - Hardship Documoitation Form <br />f <br />= t <br />J