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#OS-3125 <br /> � June 20,2003 � („ <br /> Page 1 of 4 `�� <br /> Date Application Received: 5-18-OS <br /> Date Application Considered as Complete: 5-18-OS <br /> 60-Day Review Period Expires: 7-17-OS <br /> To: Chair Rahn and Pla.tuiing Commission Members <br /> Ron Moorse, City Administrator <br /> From: Janice Gundlach, City Plaimer� <br /> Date: June 16, 2005 <br /> Subject: OS-3125, Clu•istine Valerius, 2377 Shadywood Road <br /> Conditional Use Permit Arnendinent, Side Street Setback Variance <br /> Public Hearing <br /> ----------------------------------------------------------------------------------- <br /> Zoning District: B — l, Retail Sales Business District(20,000 s.£ minimum) <br /> Lot Area: 0.24 acres (10,350 s.f.) <br /> Lot Width: 90 feet (100' required) <br /> Application Sc�mmary: Applicant requests the following amendment to the conditional <br /> use permit for a coffee shop/restaurant approved in April of 2004: <br /> 1. Conditional use perniit to allow the upper level of the new addition to be used as <br /> office,which is accessory to the priilcipal use. <br /> 2. Side street setback variance to allow a second story stairway to be setback 21.5 <br /> from the side street lot luie when 35' is re uired and 24' currently exists. <br /> Staff Recommendation: 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 /> Pertinent Zoning Ordinance Sections <br /> Sec. 78-644. Conditional uses. Witlun the B-1 retail sales business district, ilo 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 requiremeiits and design requireinents. <br /> (e) Setbcrck requi��enaents. No building shall be nearer than 35 feet to any front lot <br /> line, 35 feet from any rear lot line, 15 feet from auy side lot line, or 35 feet to a side lot <br /> line adjacent to a street; except abutting ar across the street from an R district, no <br /> building shall be less than 35 feet froin such lot line. <br /> List of Exhibits <br /> Exhibit A—Applications <br /> Exhibit B—Hardship Docunlentation Form <br />