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FILE iOS-3139 <br />21 November 2009 <br />Page 4 of 5 <br />instead of directly adjacent to a residential home. Also, a side street setback variance was <br />granted under Resolution #3424 for the existing gravel parking area, which is a further <br />encroachment thaii the proposed addition. <br />Conditional Use Permit Analysis <br />Zoning Ordinance Section 78-418 (I) establishes a 50 ’ building setback requirement and <br />a minimum square footage of play area requirement per pupil when a nursery school <br />exists. The SO’ building setback requirement is discus^ above and a nursery <br />component doesn ’t exist, eliminating the IS s.f. play area requirement. <br />Lastly, Zoning Ordinance Section 78-916 allows the Planning Commission to <br />recommend that the Council grant a conditional use permit when evidence is submitted to <br />the City making the following flndings: <br />(1) That the proposed location of the conditional use is in accord with the <br />objectives of this chapter and the purposes of the district in which the site <br />is located and the comprehensive municipal plan; <br />Although setback variances are requested, the degree of variance will not <br />increase due to the location of the existing building. <br />(2) That the proposed location of the conditional use and the proposed <br />condition under which it would be operated or maintained would not be <br />detrimental to the public health, safety or welfare, or materially injurious <br />' ' to properties or improvements in the vicinity; and <br />Staff"finds no evidence that the proposed addition would be detrimental to <br />the public health, safety or welfare, or be materially injurious to <br />properties or improvement in the vicinity. Further, the City has no record <br />of neighbor complaints and has determined the use to be in compliance <br />with any and all active conditional use permits. <br />r. . <br />(3) That the proposed conditional use will comply with each of the applicable <br />provisions of this chapter. <br />Aside from the variance discussed above, the proposed addition meets <br />front and side yard setbacks, complies with structural coverage <br />limitations, and is not subject to hardcover restrictions. A building code <br />review will be conducted by the Building Official at the time of building <br />permit submittal. <br />Required Parkiag <br /># Of Required Stalls: Zoning Ordinance Section 78-1S16 requires one stall per seven <br />enrolled students, plus one stall for each three classrooms. The school has indicated <br />current enrollment at 49 students with a total of S classrooms (including the proposed), <br />requiring the following parking: