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FILE# 16-3864 <br /> 13 Sept 2016 <br /> Page 4 of 7 <br /> 7. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. The guest <br /> house in the proposed location will not impair the health, safety,comfort or morals <br /> of the public. <br /> 8. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty.The property is vacant and the <br /> opportunity exists to construct a guest house in a conforming location. However due <br /> to the screening the knoll will provide,the applicant has indicated the variances is <br /> necessary. <br /> The requirement that an accessory structure be located behind the principal structure is <br /> intended to protect the street character by adding separation between these accessory <br /> structures(usually garages,sheds, and barns) and the street. Typically,these accessory <br /> structure have less visual design appeal,when compared to principal structures. In this <br /> situation,the accessory building will appear to be a house. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Applicable Regulation:Conditional Use Permit(Section 78-916) <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 proposed use is residential <br /> in nature and residential use is consistent with the CMP guiding for this <br /> neighborhood. <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; The guest house/accessory building <br /> will be conforming in location,size and height for a principal structure on the <br /> property; it's location streetward of the principal structure requires a variance. <br /> 3) Adequately served by police,fire, roads, and stormwater management; The <br /> proposed use will be adequately served by existing services and facilities. <br /> 4) Provided with an adequate water supply and sewage disposal system; The proposed <br /> guest house,as well as the principal residence,will be connected to an adequately <br /> sized private septic system and a private well. <br /> 5) Not expected to generate excessive demand for public services at public cost; Staff <br /> believes this criterion is met. <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 guest house is residential in <br /> character and its use is expected to be compatible 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; The guest house is residential in <br /> visual character and is expected to be compatible with the surrounding area. <br />