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LA19-000060 <br />9/16/2019 <br />/Page 2 of 3 <br /> <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 />15) Not detrimental to the public health, public safety, or general welfare. This <br />statement is true.