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#17-3904 <br />21 Feb 2017 <br />Page 5 of 7 <br />Applicable Regulation: Conditional Use Permit (Section 78-916) <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; Relating to both the CUP for <br />elevation on piers, and the guest house, the proposed use is residential in <br />nature and residential use is consistent with the CMP guiding for this <br />neighborhood. <br />2. Compliant with the zoning code, including any conditions imposed on specific <br />uses as required by article V, division 3 of the City Code; The guest cabin is in a <br />nonconforming location, however requested variances, if granted would make <br />the proposed improvement compliant with the zoning ordinance. <br />3. Adequately served by police, fire, roads, and stormwater management; Relating <br />to both the guest house use and the elevation of the guest house on piers, the <br />proposed uses will be adequately served by existing services and facilities. <br />4. Provided with an adequate water supply and sewage disposal system; Staff <br />believes this criterion is met. <br />5. Not expected to generate excessive demand for public services at public cost; <br />Staff believes this criterion is met. <br />6. Compatible with the surrounding area as the area is used both presently and as it <br />is planned to be used in the future; The proposed guest house elevated on piers <br />is residential in character and its use is expected to be compatible with the <br />surrounding area. <br />7. Consistent with the character of the surrounding area, unless a change of <br />character is called for in the community management plan; The guest house <br />elevated on piers is residential in visual character and is expected to be <br />compatible with the surrounding area. The flood prone nature of the area <br />requires adjustments similar to those proposed. <br />8. Compatible with the character of buildings and site improvements in the <br />surrounding area, unless a change of character is called for in the community <br />management plan; The architectural styling of the proposed guest house is <br />expected to be residential in character and consistent with that of the principal <br />structure on the Property. <br />9. Not expected to substantially impair the use and enjoyment of the property in <br />the area or have a materially adverse impact on the property values in the area <br />when compared to the impairment or impact of generally permitted uses; The <br />use of the guest house elevated on piers is not expected to have any adverse <br />impacts. No information has been presented to indicate such. Construction on <br />piers will be less intrusive than bringing in fill, and will have no impact on the <br />existing flood storage on the property. <br />10. Provided with screening and buffering adequate to mitigate undesirable views <br />and activities likely to disturb surrounding uses; The guest house will be <br />situated similarly to the existing guest cabin on the property and will not be <br />significantly visible when viewed from off the Property on the street side, and <br />the views from the lake will be primarily from the bay. In the opinion of staff, <br />additional screening or buffering will not be required. <br />