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FILE # LA19-000019 <br />15 April 2019 <br />Page 2 of 5 <br /> <br />the destination site will not be within the City. Additionally proposed grading work and storm <br />sewer pipe installation will disturb approximately 5,800 cubic yards of material within the 75- <br />foot lake setback area. Neither the 75-foot zone grading nor the export of materials will result in <br />the proposed home being out of character with the neighborhood. <br />Applicable Regulation: Conditional Use Permit (Section 78-916) <br /> <br />The Planning Commission may recommend and the Council may grant a Conditional Use <br />Permit (CUP) as the use permit was applied for or in modified form. On the basis of the <br />application and the evidence submitted, the city must find that the proposed use at the <br />proposed location is or will be: <br />1) Consistent with the community management plan; the proposed guest house use is <br />residential in nature and the residential use is consistent with the CMP guiding for <br />this neighborhood. <br />2) Compliant with the zoning code, including any conditions imposed on specific uses as <br />required by article V, division 3 of the City Code; The guest house is in a conforming <br />location and the lot size is compliant with the zoning ordinance. <br />3) Adequately served by police, fire, roads, and stormwater management; the proposed <br />guest house will be adequately served by existing services and facilities. <br />4) Provided with an adequate water supply and sewage disposal system; Staff believes <br />this criterion is met. <br />5) Not expected to generate excessive demand for public services at public cost; Staff <br />believes this criterion is met. <br />6) Compatible with the surrounding area as the area is used both presently and as it is <br />planned to be used in the future; the proposed guest house is residential in <br />character and its use is expected to be compatible with the surrounding area. <br />7) Consistent with the character of the surrounding area, unless a change of character is <br />called for in the community management plan; the guest house is residential in <br />visual character and is expected to be compatible with the surrounding area. <br />8) Compatible with the character of buildings and site improvements in the surrounding <br />area, unless a change of character is called for in the community management plan; <br />The architectural styling of the proposed guest house is expected to be residential <br />in character and consistent with that of the principal building on the Property. <br />9) Not expected to substantially impair the use and enjoyment of the property in the <br />area or have a materially adverse impact on the property values in the area when <br />compared to the impairment or impact of generally permitted uses; The use of the <br />guest house is not expected to have any adverse impacts; no information has been <br />presented to indicate such. <br />10) Provided with screening and buffering adequate to mitigate undesirable views and <br />activities likely to disturb surrounding uses; the guest house will be situated within <br />the property and will not be significantly visible when viewed from off the Property <br />on the street side, and the views from the lake will be minimal. In the opinion of <br />staff, additional screening or buffering will not be required. <br />11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, <br />dust, electrical interference, general unsightliness, or other means; the proposed <br />guest house is not expected to cause any of these undesirable impacts. <br />12) Not cause excessive non-residential traffic on residential streets, parking needs that <br />cause a demonstrable inconvenience to adjoining properties, traffic congestion, or