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LA19-000060 <br /> 9/16/2019 <br /> /Page 2 of 3 <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;The use of the property for a <br /> home and detached garage is consistent with the residential district. <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; Filling in the floodplain is a <br /> conditional use. <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; <br /> Altering and mitigating in the floodplain is not expected to generate any public <br /> services or cost. <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 detached garage follows all other <br /> city code requirements and fits with the surrounding area. <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. <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 /> This is true. <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. <br /> 10) Provided with screening and buffering adequate to mitigate undesirable views and <br /> activities likely to disturb surrounding uses; Use is contained within with property <br /> boundaries. <br /> 11) Not create a nuisance which generates smoke, noise,glare,vibration, odors,fumes, <br /> dust, electrical interference, general unsightliness, or other means; This is true. <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 <br /> unsafe access;There is roughly 50 cubic yards of total material being manipulated <br /> on the property for altering the floodplain. This is considered a minor amount of <br /> material and should not create excessive traffic or parking. <br /> 13) Designed to take into account the natural, scenic, and historic features of the area <br /> and to minimize environmental impact; The applicant is proposing to mitigate the <br /> area that is to be filled by creating for volume of area to use as floodplain all within <br /> the property boundaries.This will minimize the environmental impact of the <br /> project. <br /> 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the <br /> public right-of-way or neighboring residential uses or districts; No exterior lights are <br /> proposed for the condition use. <br />