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Variance No. 2006-01 June 12, 2006 Page 4 implication compared to the automotive repair use. Each variance request is unique to its own site; however, in the proposed case the site is nonconforming in terms of parking and does not meet current development standards. Considering the existing conditions, the site has maximized its possible usage. Staff has considered the site's conditions, including the lot size and inability to provide for additional parking. The State Code states that a variance shall only be granted when special circumstances apply to a property in relation to size, shape, topography, location and surroundings or if the local zoning ordinance deprives the property owner of privileges enjoyed by other property in the vicinity and under identical zoning designation. In this case, it has been determined that there is not a special circumstance that deprives the property owner of privileges to utilize the site. The current legal nonconforming industrial use on the site allows the property to be fully utilized. Additionally, a parking deficient site may impact the surrounding properties and aggravate the residential parking situation by requiring additional parking. Furthermore, the reduction of four parking spaces, 36 percent, is considered high in view of the site's limited size. The applicant has also presented the possibility of utilizing the parking lot across the street at 1111 East Fourth Street. This site is zoned industrial and is occupied by a legal nonconforming retail business that requires 150 parking spaces for 30,000 square feet of building space. However, the site currently has only 24 parking spaces. This request would also require a variance for parking. Were the Commission to consider approving the proposed action, the following would be required. The Commission would have to direct staff to prepare a zoning ordinance amendment to modify the nonconforming code section 41-686 to allow additional uses to sites which have existing nonconforming uses or direct staff to process an amendment application (zone change). If a zone change would be requested, most likely a Specific Development (SD) zone would have to be created to accommodate for the site's unique mix of uses and site development conditions. As the Commission may recall, a Work Study Session was held earlier this year relative to amending the nonconforming code to allow for expansions of nonconforming uses in the Commercial South Main (CSM) zone. The Commission stated that the City's existing nonconforming policies and codes should be upheld. Additionally, the project site is located within 31A-5