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FILE # 16-3864 13 Sept 2016 Page 4 of 7 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The guest house in the proposed location will not impair the health, safety, comfort or morals of the public. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The property is vacant and the opportunity exists to construct a guest house in a conforming location. However due to the screening the knoll will provide, the applicant has indicated the variances is necessary. The requirement that an accessory structure be located behind the principal structure is intended to protect the street character by adding separation between these accessory structures (usually garages, sheds, and barns) and the street. Typically, these accessory structure have less visual design appeal, when compared to principal structures. In this situation, the accessory building will appear to be a house. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of 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 proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The guest house/accessory building will be conforming in location, size and height for a principal structure on the property; it's location streetward of the principal structure requires a variance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The proposed guest house, as well as the principal residence, will be connected to an adequately sized private septic system and a private well. S) Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 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 proposed guest house is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The guest house is residential in visual character and is expected to be compatible with the surrounding area.