10-14-2002 Council Packet - Laserfiche WebLink

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4. The Planning Commission made the following findings of fact: 5. A.The accessory building meets required setbacks from both Livingston Avenue and Shadywood Road. B.The proposed conditional use would not be detrimental to public heath, safety or welfare and will not be out of character with the neighborhood. C. The property currently does not have a garage on it. D. E. The accessory building does not exceed the height of the principal building. The subject property is a “through ” lot located in a “R” Disuict therefore a conditional use permit is required for an accessory building. F.The existing residence was built in the early 1960*s, prior to current zoning standards. G. There is not room on the rear or side of the property to place a garage. The rear of the property drops significantly. Access from Shadywood Road is not feasible. I. applicant has agreed to make changes to an existing illegal deck to meet a 15” setback from Shadywood road but which may still constitute an encroachment if the deck railing extends more than 42 ” above grade. The City Council Hnds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessaiy to preserve a substantial (voperty right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code ana Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit will not be detrimental 2 of6 ifeii