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FILE #LA18-000104 <br />February 19, 2019 <br />Page 4 of 6 <br /> <br />Tier <br />Tier 3 13,656 s.f. 4,780 s.f. <br />(35 %) <br />13,656 s.f. <br />(100%) <br />13,656 s.f. <br />(100%) <br />No changes to the exterior of the building are proposed beyond what has already been <br />approved. It should be noted that hardcover standards are difficult to meet in minor retrofit use <br />applications. <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 use of the property for a <br />restaurant/ bar is consistent with the Commercial designation. <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; Class II restaurants are a <br />conditional use in the zoning district. <br />3) Adequately served by police, fire, roads, and stormwater management; The property <br />is served by municipal services, no issues have been identified or are anticipated. <br />4) Provided with an adequate water supply and sewage disposal system; There is <br />adequate services to support the intended use. <br />5) Not expected to generate excessive demand for public services at public cost; The <br />business is not anticipated to generate demand of public services beyond a typical <br />amount for the type of business. <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 use is consistent with a commercial use. <br />Building design and applicable regulations are added to address noise concerns. <br />7) Consistent with the character of the surrounding area, unless a change of character <br />is called for in the community management plan; This is true. The immediate <br />neighborhood is a suburban commercial corridor, restaurants/ bars are expected. <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 immediate neighborhood is a suburban commercial corridor, restaurants/ bars <br />are expected. <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; Not expected to <br />impact adjacent uses beyond what should be expected for a commercial use in a <br />commercial zone. Excessive noise has been mitigated with the building design and <br />regulatory conditions. <br />10) Provided with screening and buffering adequate to mitigate undesirable views and <br />activities likely to disturb surrounding uses; Use is contained within a building. <br />Exterior patio is not a use requiring screening.