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to the prior nonconforming status of the original structure, is four feet. From the evidence submitted into the Record of this proceeding, the Director's Decision finding that Building Number 1 unlawfully encroaches into the required side yard setback was not clearly erroneous. Findings of Fact Nos. 13 and 14. 4. The City has recommended that the Appellant reduce the amount of building coverage to 40 percent or less of the lot area as provided in Table 6.1 of EMC Title 19, Chapter 6. The City approved and issued building permits in 1966 and 1979, authorizing additions to Building Number 1 and Building Number 2 which increased the total coverage of the lot by approximately 648 square feet or 10.8 percent of the site. The total current lot coverage is approximately 2,706 square feet or 45 percent, in excess of that permitted by the EMC by five percent. Although the lot coverage is in excess of that permitted by the code and the coverage was created subsequent to the adoption of the City's zoning code, this excess square footage was authorized by the City subsequent to the adoption of the zoning code in 1956 and completed prior to the Appellant's purchase of the subject property. Due to the fact that the City authorized the now nonconforming coverage, it would be unreasonable to require the Appellant to abate this nonconformity. Therefore, the Director's order that the Appellant reduce the lot coverage to 40 percent or less is clearly erroneous. Findings of Fact Nos. 15, 16, 17, 18, and 19. DECISION Based upon the preceding Findings of Fact and Conclusions and testimony and evidence submitted at the public hearing, it is hereby ordered that the Planning Director's Decision NCU#06-002 decision be AFFIRMED in part, and REVERSED in part. As noted supra, Building Number 2 has been determined to be a legal single- family dwelling unit. The Director's decision that Building Number 1 is not a legal duplex and must be converted to a single-family dwelling unit is AFFIRMED. The Director's decision that Building Number 1 encroaches into the required side yard setback and must be modified so as to be no closer than four feet from the north property line is AFFIRMED. The Director's decision that the total building coverage must be reduced to 40 percent or less is REVERSED. The Appellant shall: 1. Building Number 1 has been determined to be a nonconforming duplex dwelling which was not in existence prior to 1956 and therefore may not be certified as a legal nonconforming use. Building Number 1 shall be converted to a single-family dwelling unit. All floors must be accessible from within the building and the second kitchen within the basement area must be removed. The modifications to this structure will require that the Appellant seek and be granted a building permit from the City priorto performing this work. Before the Hearing Examiner Pro-Tem In the Appeal of Moreno #06-002 Page 7 of 8