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� . � . 1 <br /> FILE#05-3139 <br /> 21 November 2005 r <br /> . Page 4 of 5 <br /> instead of directly adjacent to a residential hoine. Also, a side street setback variance was _ <br /> granted under Resolution #3424 for the existing gravel parking area, wluch is a further <br /> encroaclunent thali the proposed addition. <br /> Conditional Use Permit Analysis <br /> Zoiuug Ordina.nce Section 78-418 (1) establishes a 50' building setback requireinent and <br /> a ininimum square footage of play area requueillent per pupil when a niu•sery school <br /> exists. The 50' building setback requirement is discussecl above and a nursery <br /> coinponent doesii't exist, eliiuiiiating the 15 s.f.play area requirenzent. <br /> Lastly, Zoning Ordinance Section 78-916 allows t11e Planning Coiiuiiission to <br /> recomniend that the Council graut a conditional use permit when evidence is subtnitted to <br /> the City making the following findings: � <br /> (1) That the proposed location of the coizditioiial use is in accord with the <br /> objectives of tlus chapter and the purposes of the district in which the site <br /> is located alid the comprehensive nituucipal plan; <br /> �Iltlzozcgh setback va�°i�nces a�•e ��equested, t�lze deg�°ee of vu�°ic�nce N�ill not <br /> inc�•ease dzce to the location of the existing building. <br /> (2) That the proposed location of the conditional use and the proposed � <br /> conditioii under which it would be operated or maintained would not be <br /> detrunental to the public health, safety or welfare,or inaterially'injurious <br /> to properties or improvements in the vicinity; and <br /> Staff finds no evidence that the pi°oposed addition would be clet��inzentc�l to <br /> the pacblic heczlth, sc�fety or welfa��e, oi°be m�cte�^icr.11y injici^ious to <br /> p��ope�•ties o�•im���ovenZent an the vicinity. Fui°ther, the City hns no�•ecord <br /> of neighbo�•co»zplczints�cnd has dete��»ainecl the irse to be in co»zplic�nce <br /> with cany and all active conditional zcse pel��nits. <br /> (3) That the proposed conditional use will comply with each of the applicable <br /> provisions of tlus chapter. <br /> Aside fi�onZ the va�^iarzce discussed �rbove, the ��•oposed additio�Z »aeets <br /> fi°oi�t and side yarc� setbczcks, complies with st�•zrcturcrl covei°a.ge <br /> li»zittctions, ctnd is not satbject to h�a�dcover• r•est��ictiotzs. A bitilding code <br /> revieiv ��r'ZZ be conducted by tlze B�ilding Offi.cicrl at the ti»�e of building <br /> pel•»ait�satbnzittal. <br /> Required Parking � <br /> # Of Required Stalls: Zoniiig Ordinance Sectioii 78-1516 requires one sfiall per seveiz <br /> eruolled students, plus one stall for each tluee classrooms. The school has indicated <br /> cttrrent eiirollment at�49 students with a total of 5 classrooms (iiicluding tl�e proposed), <br /> requuing the following parkiiig: <br /> P <br />