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4. That granting the variance requested will not confer on the applicant <br />any special privilege that would be denied by this ordinance to other <br />lands, structures, or buildings in the same district. <br />The ordinance does not allow expansion of non - conforming <br />structures anywhere in the city, and approving an expansion of <br />this non - conforming structure would grant a special privilege to <br />this applicant. <br />5. That the proposed actions will be in keeping with the spirit and intent of <br />the ordinance. <br />The intent of the non - conforming section of the ordinance is to <br />bring all non - conforming uses and buildings into conformance <br />with the ordinance over time. Allowing expansion of non- <br />conforming uses or structures will only serve to prolong the <br />timeline for conformity. <br />PUBLIC NOTICE <br />A public hearing notice was printed in the Quad Community Press on June 29, <br />2010, and direct mailings were sent out to 49 property owners within 600 feet of <br />the subject site on June 28, 2010. <br />PLANNING AND ZONING BOARD <br />On July 14, 2010 the Planning and Zoning Board held a public hearing and after <br />discussion voted to recommend denial of the requests. <br />RECOMMENDATION <br />Per the findings made in the body of the report, staff recommends denial <br />of the Variance request and immediate removal of the offending <br />improvements to the building. <br />ATTACHMENTS <br />1. Resolution No. 10 -65 <br />2. Reference Plan (entry addition) submitted June 11, 2010 <br />3. Site Photos submitted at July 14, 2010 P & Z meeting <br />4. Site, Grading, and Utility Plan submitted June 11, 2010 <br />—34— <br />KI Auto <br />Page 4 of 6 <br />• <br />• <br />• <br />