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FILE#16-3862 <br /> 15 Sept 2016 <br /> Page 4 of 6 <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 of <br /> 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 applicant has indicated that, <br /> although permitted to construct a separate,conforming guest house building less than <br /> 1,000 square feet in footprint,they wish to minimize hardcover by utilizing the existing <br /> nonconforming structure. <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 will be otherwise <br /> conforming in location, and height on the property;the proposal to convert the <br /> existing nonconforming detached garage into the guest house 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 will be connected to City sewer and water. <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 addition to the detached garage for <br /> the guest house space is residential in character and its use is expected to be <br /> 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 /> 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 /> The architectural styling of the proposed building is expected to be residential in <br /> character and consistent with that of the principal structure on the property. <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; The use of the <br />