02-18-2025 Planning Commission Packet (2)

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FILE # LA24-000066 18 February 2025 Page 3 of 8 This criterion has not been met. The applicants propose a coop structure that is more than 150 feet from the nearest adjacent resident, but request a variance for the coop structure location 35 feet from the eastern property line and 55 feet from the southern property line. d. The use is operated in compliance with Chapter 62, Animals: This criterion has not been met. Section 62-3 stipulates that Farm Animals should be kept in accordance with Chapter 78 of the City Code, and the request does not meet the Conditional Use criteria within Chapter 78, or the aforementioned standards. In addition to the conditions listed in Section 78-303(3), Section 78-916 provides a list of conditions supporting Conditional Use Permit (CUP) issuance. The Planning Commission may recommend and the Council may grant a CUP as the use permit was applied for or in modified form. Based on the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan: The Comprehensive Plan allows for residential use and there is a single-family residence on the property. A conditional use permit to allow for the keeping farm animals is accessory to the residential use and based on the nonconforming lot size it is consistent with the Comprehensive Plan. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by Article V, Division 3 of the City Code: This request does not comply with the zoning code as the conditional use standards requiring a minimum of two (2) acres for farm animals and at least 75 feet of separation between a structure associated with the farm animals and the property lines are not being met. There are no additional conditions imposed on this use within the City Code. This condition cannot be met without the granting of variances. 3. Adequately served by police, fire, roads, and stormwater management: The property meets this standard. 4. Provided with an adequate water supply and sewage disposal system: The property meets this standard. 5. Not expected to generate excessive demand for public services at public cost: This proposal is not anticipated to impact public services. 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future: The area where the subject property is located is a mixture of lakeshore residential (LR-1A) and rural residential (RR-1B) to the south. LR-1A zoning allows for farm animals as a conditional use and RR-1B as an accessory use, but both specify the minimum property size of two (2) acres. Although the area allows for farm animals, the subject property itself does not meet the minimum standards. 7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan: 202