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Board of Adjustment <br />January 27, 2000 <br />#NCS 2000-001 <br />Page 2 of 5 <br />facilities resulted in children of all ages playing in the paved parking areas <br />and sometimes in the streets. <br />Nonconforming Issues: <br />The City's current building and development regulations would require a <br />new facility like this. to be constructed and configured in a different <br />manner. There are several aspects of the existing development that are <br />considered nonconforming when compared to current City development <br />standards. These items are as follows: <br />Parking — There are 85 existing vehicle parking spaces. The applicant <br />proposes 16 additional spaces for a total of 101 parking spaces. Current <br />City standards would require 135 parking spaces. In. addition, 66 of the <br />existing spaces are located within public street right-of-way. Current <br />standards would require complete and total off-street parking. <br />Building Setbacks — The City's Zoning Ordinance stipulates minimum <br />setbacks for this type facility of Front — 25', Side — 20', and Rear — 20'. <br />Five of the nine existing buildings encroach, to varying degrees, into <br />setback areas. Existing building setbacks are Front — 15', Side - Y, and <br />Rear — 5' <br />Number of Dwelling Units per Acre — There are currently 57 dwelling <br />units on approximately 1.83 acres of land. This calculates to a density of <br />31 dwelling units per acre. -Current City standards allow up to 27 dwelling <br />units per acre in an R 3 (multi -family residential) zoning district <br />Landscaping — There is little to no landscaping presently at the facility. <br />Current City standards would require 6% of the site to be landscaped with <br />trees, shrubbery, and groundcover. In addition, landscaping should be <br />maintained in a healthy state. <br />Discussion: If a building or facility is constructed in accordance with the development <br />., standards, ordinances or policies that are in affect at that time, any changes <br />or modifications in City development standards would create a situation <br />commonly referred to as "pre-existing nonconforming". Section 106-262 <br />of the City's Code of Ordinances addresses non -conforming structures. In <br />this case, paragraph (h) would apply because the structure has been <br />abandoned longer than the 180 consecutive. calendar days stipulated in this <br />section of the City Code. In addition, Section 106-268 addresses non- <br />conforming lots of record. The applicant has been notified of the <br />