04-10-2014 Planning Comm. Agenda

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that the purpose of the non - conformity regulations is to eventually bring non - conformities into conformance with the current zoning requirements. The options for the applicant are to convert the property to operate as a single family structure, or to seek a rezoning to R -2 to allow the re- occupancy of the structure as a duplex. Zoning law does not permit a "use variance ", that is, there is no variance process that would allow the applicant to re -use the building as a duplex without the rezoning. The materials appear to the show that the property was converted to a duplex under regulations that Little Canada had in place in the later 1970s. When that ordinance was changed to eliminate duplexes from the R -1 District a few years later, the property continued its non - conforming use, until those "grandfathered" rights were forfeited last year. Surrounding land uses are as follows: North: Single Family Residential (zoned R -1) East: Single Family Residential (zoned R -1)) South: School (zoned P, Public, Semi - Public) West: Single Family Residential (zoned R -1) When considering rezoning, the zoning ordinance identifies the following standards for evaluating zoning changes: 921.010 C. The Planning Commission shall consider possible adverse affects to the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors: 1. The applicant shall demonstrate by clear and convincing evidence that the proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Land Use Plan. 2. The applicant shall demonstrate by clear and convincing evidence that the proposed site is or will be compatible with present and future land uses of the area. 3. The applicant shall demonstrate by clear and convincing evidence that the proposed use conforms with all performance standards contained herein. 4. The applicant shall demonstrate by clear and convincing evidence that the proposed use will not tend to or actually depreciate the aggregate property values in the area in which the amendment or conditional use is proposed. 5. The applicant shall demonstrate by clear and convincing evidence that the proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 6. The applicant shall demonstrate by clear and convincing evidence that the development of the conditional use shall reflect the architectural character of the conforming buildings in the surrounding area in regard to the following: a. Proportion, scale and roof line; b. Architectural style; and c. Exterior finish materials.