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Balk Report <br />April 24, 2006 <br />Page 3 <br /> <br />5. The use is consistent with the purposes of the Zoning Code and the purposes of the <br />zoning district in which the applicant intends to locate the proposed use. <br /> <br />The City Code conditionally allows for garages larger than 952 square feet as long as <br />certain requirements and criteria are met. This proposal satisfies all dimensional and <br />zoning requirements. <br /> <br />6. The use is not in conflict with the Comprehensive Plan of the City. <br /> <br />The proposed use is consistent with the Comprehensive Plan in that the <br />Comprehensive Plan encourages the development and physical improvement or <br />residential lots as one means of protecting and enhancing property values. <br /> <br />7. The use will not cause traffic hazards or congestion. <br /> <br /> The proposed garage would not cause and traffic hazards or congestion. <br /> <br />8. Adequate utilities, access roads, drainage and necessary facilities have been or will be <br />provided. <br /> <br />The proposed garage will not necessitate any utilities above and beyond what is <br />already provided to the site. <br /> <br />Public Notice <br /> <br />As according to Code, Staff has notified property owners within 350 feet of the subject parcel <br />regarding this request as well as a notice published in the New Brighton Bulletin. We have <br />not received any public feedback regarding the request. <br /> <br />Planning Commission Action <br /> <br />The Planning Commission considered the request at their meeting on April 19. The <br />Commission determined that the request satisfied all code requirements yet recognized that <br />the proposal would necessitate a variance request as to the height of the proposed garage, <br />with such a hearing scheduled for May 3, 2006. Their resolution recommending approval <br />(attached for the Council’s review) included a provision which stated that the design as <br />proposed would necessitate a variance and that any approval of the CUP shall not be <br />inferred, construed or otherwise interpreted as an approval for any subsequent variance <br />request. <br /> <br />Summary <br /> <br />The applicants are seeking approval of a conditional use permit to permit a 1,062 square foot <br />garage. The garage would be 110 square feet larger than the maximum allowed without a <br />CUP yet 738 square feet smaller than the maximum with a CUP. The applicants are <br />proposing only the minimum area required to satisfy their needs. The Conditional Use Permit <br />may be considered separate and apart from the variance. <br /> <br />