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• <br />AGENDA ITEM 6.A. <br />STAFF ORIGINATOR: Paul Bengtson <br />CC MEETING DATE: August 23, 2010 <br />TOPIC: Resolution No. 10 -65, Denying a Variance to allow <br />expansion of a non - conforming structure and a <br />reduced front setback for an addition to the existing <br />structure at 909 Maple Street. <br />BACKGROUND <br />The property at 909 Maple is 13,393 square foot in area and is currently <br />developed with a 3,057 square foot building that is occupied by an Auto Body <br />Repair Shop. The metal building on the site was approved via a Conditional Use <br />Permit in 1983. This Conditional Use Permit was then amended in 1991 to allow <br />the operation of an automotive body shop in the existing building. <br />On July 26, 2010 the City Council adopted Resolution No. 10 -64 denying the <br />applicant's request for a Comprehensive Plan Amendment, Rezoning, and <br />Conditional Use Permit to add motor vehicle sales to the site. The final portion of <br />the request, the variances for the expansion of a non - conforming structure and <br />reduced front setback were postponed for further discussion. <br />On August 11, 2010 the City Council discussed the recent Supreme Court case <br />law and how it applied to all variance requests, and requested that the variance <br />request be added to the regular agenda for August 23, 2010. <br />ANALYSIS <br />Comprehensive Plan, Land Use and Zoning: The table below identifies the <br />existing land use and zoning as well as guided land uses for the area. <br />Location <br />Existing Land Use <br />Guided Land Use <br />Existing Zoning <br />Site <br />Auto Body Shop <br />Low Density Sewered Residential <br />Rural <br />North <br />Residential <br />Sand Blasting <br />Low Density Sewered Residential <br />Rural <br />General Business <br />South <br />Residential <br />Low Density Sewered Residential <br />Rural <br />East <br />Vacant <br />Low Density Sewered Residential <br />Rural <br />West <br />Residential <br />Low Density Sewered Residential <br />Rural <br />The applicant received approval to attach an `eyebrow' roof structure on the <br />building that does not have support posts and therefore is essentially just a roof <br />overhang and not an expansion of the building. At that time the applicant also <br />partially installed an enclosed entry feature on the building. This was done <br />