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Accessory buildings in the R -1 District may encroach into the required rear yard, but in <br />no case shall an accessory building, use or equipment be located closer than ten feet to <br />a rear yard or side yard lot line. The site plan illustrates that the proposed structure will <br />comply with these setback requirements. The garage is proposed to be set back ten <br />feet from both the side and rear lot lines. <br />The applicant has indicated that the garage will be screened from the properties to the <br />south and east by an existing row of pine trees. Materials of the proposed structure <br />have not been provided. Staff recommends that the color and materials of the proposed <br />garage be required to match those of the principal structure. <br />CUP Evaluation Criteria. In consideration of conditional use permit requests, the <br />ordinance states that the Planning Commission must consider the possible adverse <br />effects of the conditional use. The ordinance specifically states that the applicant must <br />demonstrate, by clear and convincing evidence, the following: <br />1. That the proposed action has been considered in relation to the specific policies <br />and provisions of and has been found to be consistent with the official City <br />Comprehensive Land Use Plan. <br />2. That the proposed site is or will be compatible with present and future land uses <br />of the area. <br />3. That the proposed use conforms with all performance standards of the <br />ordinance. <br />4. That the proposed use will not tend to or actually depreciate the aggregate <br />property values in the area in which the conditional use is proposed. <br />5. That the proposed use can be accommodated with existing public services and <br />will not overburden the City's service capacity. <br />6. That the development of the conditional use shall reflect the architectural <br />character of the buildings in the surrounding area in regard to the following: <br />a. Proportion, scale and roof line; and <br />b. Architectural style; and <br />c. Exterior finish materials <br />SUMMARY AND RECOMMENDATION <br />In regards to the consideration of Kevin Zewers application for a Conditional Use Permit <br />to construct a detached garage, the Planning may consider recommending approval of <br />the Conditional Use Permit, based on a finding that it is consistent with the proposed <br />use is consistent with the intent of the Zoning Ordinance and will have no adverse affect <br />on surrounding properties, subject to the following conditions: <br />2 <br />