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wil1mus, Case No. 2413 Page 5 These principles apply when a special Use occupies the entire site, but when the use is but one tenant in a multi-tenant building, the justification for bringing the entire site up to standards is not as clear. Section 12.020 allows the City to grant a Special Use Permit and "impose such additional conditions as it considers necessary to protect the public health, safety, and welfare". section 12.035 also says that the city "may attach reasonable conditions" to such an approval. Taken together, it may be reasonable to interpret these Code provisions as allowing the City to require the site to be partially brought into compliance if the building is partially occupied by a special Use. In addition to these zoning considerations, the County needs an additional 9.5 feet of right-of-way for County Road B-2, which would typically be dedicated, per City policy, with a Special Use Permit approval. The applicant has indicated he is not willing to dedicate this additional right-of-way at this time. 4. CONCLUSION & RECOMMENDATION There are a number of questions involved in the consideration of this Special Use Permit request. Because of the issues involved, the Commission may want to discuss the general question of what constitutes an "accessory use" in terms of rental cars, and make a general policy recommendation to the City Council. This may involve clarification of the intent and language of the ordinance. The Commission may also want to discuss the general question of Code compliance when a Special Use is only a partial use of a building, again passing on a pOlicy recommendation to the Council. With regard to the specific request in front of you, these same questions and other are raised. Some are easily answered: some are not. We believe the following issues are clear: 1) The proposed use faIls under the provisions of section 8.365, relating to vehicle rental and leasing businesses, because there will be up to 50 cars stored on site. 2) The number of parking spaces on si te for the rental vehicles is above and beyond the number required for the proposed office space and for other uses in the building.