Cond. Use Permit-13 8th Ave. S.Planning Commission Report-
CONDITIONAL USE PERMIT
Dennis Madden - 13 - 8th Avenue South
PLANNING COMMISSION
REPORT NO: CUP86 -13 November 12, 1986
PURPOSE: To review and recommend action on an
application for a Conditional Use Permit to construct a
canopy.
BACKGROUND:
Name of Applicant: Dennis Madden
Address of Property: 13 - 8th Avenue South
Present Zoning: B -3
Nature of Request: Ordinance requires a
Conditional Use Permit for a canopy
projecting into the right -of -way.
Reason for Request: To shelter customers
from the weather.
The applicant is proposing to construct a canopy that
is 8'4" in height and 10 feet wide at the main
entrance. A canopy is permitted, however, if the
canopy projects into the public right -of -way a
Conditional Use Permit is required. 427.42(9) requires
the following:
(a) no awning, canopy or marquee shall project
into the public right -of -way nearer than 30
inches to the street, curb or curb line.
(b) awnings, canopies or marquees shall have no
part of the structure other than supports nearer
the ground surface than seven (7) feet.
(e) the architectural style of the awning, canopy
or marquee shall be consistent with the building
being served.
(d) awnings, `canopy or marquees projecting into
the required yards shall not be enclosed except
with a transparent material permitting through
vision.
(e) all awnings, canopies or marquees built over
the public right -of -way shall be included in a
liability insurance policy holding the City free
of all responsibility.
NO. CUP86 -13
CUP86 -13
Page 2
The submitted plan shows the proposed canopy 30 inches
from the curb and the metal frame will be welded to the
building. The canopy as proposed will only have the
top covered. This canopy will not affect the
remodeling plans at the north end of the building.
The applicant has met all of the requirements for a
Conditional Use Permit.
RECOMMENDATION: I recommend approval of the Conditional
Use Permit. The following are suggested Findings of
Fact should the Commission recommend approval:
1. The canopy meets the conditions for a
Conditional Use Permit
Condition:
1. That the applicant provide proof of
Liability Insurance holding the City free of
all responsibility.
Respectfully submitted,
Nancy . Anderson
Commun y Development
Analyst
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