08-27-1979 Planning Packet - Laserfiche WebLink

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TO; FROM; DATE; Planning Commission and Council Jeanne A. Mabusth, Zoning Administrator August 20, 1979 SUBJECT; #504 Conditional Use Permit & Variance Robert Van Tassel, 1170 Loma Linda Avenue The Van Tassels propose redesigning the roof of their boat house, from a peak design to a flat roof with a sitting area. The new roof will afford a better view of the lake for neighbors as well as the applicant. The building was inspected and found to be in excellent condition. The proposed change will not effect the hardcover calculation. The structure is located within the 75' lakeshore setback and is recognized as a legal non-conforming use. Ordinance prohibits the extension or intensification of non-conforming uses. 31.108 Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use. (Ord. 172, 12-19-74, effective 1-1-75) Please review the following ordinances: 32.210 When Required A zoning ordinance occupancy certificate shall be required for occupancy and use of any buildings hereinafter erected or structurally altered; for new occupancy and use of an existing building when the new use is of a different zoning classification; for occupancy and use of vacant land, new use of vacant land when new use is of a different zoning classification; for any change in the use of a non-conforming use. Where appropriate, the zoning occupancy certificate may be issued as part of building permit. 32.410 Conditional Uses; Purpose In order to give the district use regulation the flexibility necessary to achieve the objectives of the Zoning Code, in certain districts, conditional uses are permitted, subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a V^^ticular zoning district, but which may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall issued for a particular use and not for a particular person or firm. Because of their unusual characteristics, conditional uses require consideration so they may be located properly with respect to the objectives of the Zoning Code and with respect to their effects on surrounding properties. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon the granting of these permits.