02-16-2010 Planning Commission Packet

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; � FILE#10-3442 10 February 2010 Page 3 of 3 property. A similarly sized garage on a property having a use would be required to meet a 10' setback from the north side, a 10' setback from the west side and would be required to be located no closer to the street than the principal structure. This garage meets those standards. Conditional Use Permit Analysis Zoning Ordinance Section 78-916 allows the Planning Commission to recommend that the Council grant a conditional use permit when evidence is submitted to the City making the following findings: (1) The proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the district in which the site is located and the comprehensive municipal plan; The detached garage will generally conform to the surrounding neighborhood and the existing structure on the property. (2) The proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health; safety or welfare, or materially injurious to properties or improvements in the vicinity; Staff finds no evidence that the conditional use permit would be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvement in the vicinity. (3) The proposed conditional use will comply with each of the applicable provisions of this chapter. Aside from the deficient setbacks discussed above, the proposed garage meets all of the zoning requirements. A building code review will be conducted by the Building Official at the time of building permit submittal for the interior modifications. Staff Comments Staff finds that the proposed garage will be residential in appearance, at a setback that is consistent with other residential garages in the immediate neighborhood, will be � compatible in appearance with the surrounding neighborhood and is able to meet the conditions outlined within the code. As the applicant has identified a need to house a program van and store garbage receptacles and gardening supplies staff finds the setback variance request is reasonable. Most residential properties have an attached or detached garage. With the cold and snowy Minnesota winters it is often considered a hardship not to have some type of garage to protect vehicles from cold, snow and ice. As this property has not been used for residential purposes for quite some time there is no existing garage to utilize. Issues for Consideration Is the proposed garage compatible with the surrounding properties? Are there any other issues or concerns with this application? Staff Recommendation Planning Department Staff recommends approval of the conditional use permit with variances for The Emily Program as proposed. The applicant should be required to comply with the recommendations of the City Engineer regarding storm water.