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4. The Planning Commission made the following findings of fact! <br />5. <br />A. The accessory building meets required setbacks fiom both Livingston Av mue <br />and Shadywood Road. <br />B The proposed conditional use would not be detrimental to public health, <br />safety or welfare and will not be out of character with the neighborhood. <br />C. <br />D. <br />The property currently does not have a garage on it. <br />The accessory building does not exceed the height of the principal building. <br />The subject property is a ‘'through" lot located in a “R” District therefore a <br />conditional use permit is required for an accessory building. <br />F.The existing residence was built in the early 1960’s, prior to current zoning <br />standards. <br />G. There is not room on the rear or side of the property to place a garage. <br />The rear of the property drops significantly. Access from Shadywood Road is <br />not feasible. <br />I.Applicant has agreed to make changes to an existing illegal deck to meet a <br />15* setback from Shadywood Road and agrees to alter the deck so no portion <br />of the deck is 6\ or greater, in height from existing grade. <br />The City Council finds that the conditions existing on this property arc peculiar to it <br />and do not apply generally to other property in this zoning district; that granting the <br />variance will not adversely affect traffic conditions, light, air, nor pose a fire hazard <br />or other danger to neighboring property; would not merely serve as a convenience to <br />the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the applicant; and would be in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />6. The City Council finds that granting a conditional use permit will nc: be detrimental <br />2 of6 <br />.ik.aaMki