HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
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STAFF REPORT Hearing Date: July 19, 2007 - _ ~.
(Continued from June 7"' & July S"', 2007 ~~'r~t~
TO: Planning & Zoning Commission ;, ~
FROM: Jenny Veatch ,~~1-,µ ~~' ~~,, . J'
208-884-5533
SUBJECT: Kelley Carport Revised
• CUP-07-012
Conditional Use Permit to allow a 200 square foot canvas carport in the O-T
zone by Larry and Judy Kelley.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicants, Larry and Judy Kelley, are requesting Conditional Use Permit (CUP) approval to allow a
200 square foot canvas carport to be located in the street side yard of their property located at 403 East
Second Street. The carport does not comply with the Downtown Design Guidelines, therefore a
Conditional Use Permit is necessary.
A previous Conditional Use Permit (CUP-06-034) on this site was denied on November 16, 2006 by the
Planning and Zoning Commission. At the hearing, the Commission recommended actions the Kelley's
could take that would allow the Commission to approve a carport on this site. Since the previous
Commission hearing, the Kelley's have complied with these recommendations.
Last year the Code Enforcement division of the Police Department received a complaint from one of the
applicant's neighbors regarding the location of the carport. The neighbor expressed concerns that the
carport was located too close to the property line, and positioned in such a way that it blocked a clear line
of site when exiting the adjacent driveway. A code enforcement officer visited the applicants and
recommended that they speak with the Planning Staff to verify if the carport was allowed. Due to the fact
that canvas carports are not specifically addressed in the UDC, and that the downtown design guidelines
of the O-T district are geared more towards commercial uses, Staff recommended that the applicant apply
for a conditional use permit to allow for the Planning and Zoning Commission to decide on this issue. As
a reference, in all residential districts (R-2, R-4, R-8, R-1 S and R-40), one detached accessory building (a
building/structure is defined as anything that is built or constructed) that is less than 200 square feet and
less than 8 feet in height, is allowed in the required rear yard.
NOTE: The carport has been in place for a few years and is currently being used to store a vehicle.
It is Staff understands that the applicants did inquire to the City about whether a building permit (or any
other type of approval) would be required, prior to constructing this carport. The Building Department did
not require a building permit at that time, as the structure did not meet the square footage threshold for
requiring a permit. Further, O-T does not have established setbacks, as several different land uses are
principally allowed in O-T.
2. SUMMARY RECOMMENDATION
Below, staff has provided detailed analysis for the requested Conditional Use Permit application. Staff
recommends approval of the subject application, CUP-07-012, for the reasons outlined in the
Analysis and Department Comments sections of this report.
Kelley Carport Revised ClJ'P-07-012 PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING '.DATE OF JULY 19, 2007
3. PROPOSED MOTIONS
Approval
I move to approve File Number CUP-07-012 as presented during the hearing on July 19, 2007,
and the site plan, no date, with the following conditions of approval: (add any proposed
conditions). I further move to direct staff to prepare an appropriate findings document to be
considered at the next Planning and Commission hearing on August 2, 2007.
Denial
I move to deny File Number CUP-07-012 as presented during the hearing of July 19, 2007 for the
following reasons: (you must state specific reasons for denial.) I further move to direct staff to
prepare an appropriate findings document to be considered at the next Planning and Comzx~ission
hearing on August 2, 2007.
Continuance
I move to continue File Number CUP-07-012 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
403 E. Second Street, the northwest corner of the intersection of Second Street and Ada
Street, Section 7, T3N R1E
b. Owner:
Larry and Judy Kelley
403 E. Second Street
Meridian, ID 83642
c. Applicant:
Same as owner
d. Representative: Same as owner/applicant
e. Present Zoning: O-T
f. Present Comprehensive Plan Designation: Old Town
g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit
(CUP) approval to allow a 200 square foot canvas carport to be located in the side yard of their
property located at 403 East Second Street.
1. Date of CUP site plan (attached in Exhibit A): No Date
2. Date of Building Elevations (attached as Exhibit A): No Date
h. Applicant's Statement/Justification: Three years ago when this carport was built, the building
department told us no permit was required. The carport poles were set in "quick Crete" for
stability and a sand and gravel base provided for drainage. Now we have renr~oved the front
and first side panels to provide a clear vision triangle. We also acquired a license agreement
with ACRD to leave and maintain the carport within the right-off way along Ada Street (please
see applicant's submittal letter).
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as determined by City
Kelley Carport Revised CUP-07-012 PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR T1~E HEARING DATE OF JULY 19, 2007
Ordinance. By reason of the provisions of UDC 11-SS-6, a public hearing is required before
the Planning Commission on this matter.
b. Newspaper notifications published on: June 18`" and July 2"d, 2007
c. Radius notices mailed to properties within 300 feet on: May 29"', 2007
d. Applicant posted notice on site by: duly 9"', 2007
6. LAND USE
a. Existing Land Use(s): Single Family Residence
b. Description of Character of Surrounding Area: This are is primarily a single family
neighborhood.
c. Adjacent Land Use and Zoning
1. North: Single-family home, zoned O-T
2. East: North East Second Street and single family home, zoned O-T
3. South: East Ada Street and apartrnents/Duplex, zoned O-T
4. West: Single-family home, zoned O-T
d. History of Previous Actions: CUP-06-034 was denied on November 16, 2006 by the Planning
and Zoning Commission.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: N/A
Location of water: N/A
Issues or concerns: None.
2. Vegetation: N/A
3. Flood plain: N/A
4. Canals/Ditches Irrigation: N/A
5. Hazards: N/A
6. Existing Zoning: O-T
7. Size of Property: 0.08 acres
£ Conditional Use Information:
1. Non-residential square footage: 200 square foot canvas carport
2. Building height: eight feet or greater
g. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to
the carport is taken directly form E. Ada Street. There are no sidewalks along this street and
edge of pavement is approximately four feet from the entry to the carport.
7. COMMENTS MEETING
On May 18, 2007 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian .Police Department, Meridian Parks Department,
Meridian Fublic Works Department, and the Sanitary Services Company. Staff has included all comments
Kelley Carport Revised CUP-07-012 PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FO.R THE HEARING DATE OF JiJLY 19, 2007
and recommended actions in the attached Exhibit B.
S. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Old Tawn" on the Comprehensive Plan Future Land Use Map. Staff finds
the following Comprehensive Plan policies to be applicable to this property and apply to the proposed
development (staff analysis in italics):
Chapter VII, Page 106: Old Town. This includes the historic downtown and the true community center.
Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding
residents and visitors. A variety of residential uses could include reuse of existing buildings for residential
uses, new construction ofmulti-family residential over ground floor retail or office uses. In order to
provide and accommodate preservation of the historical character, specific design requirements maybe
imposed. Pedestrian amenities would be emphasized. Public investment to ensure that 01d Town becomes
a centralized activity center with public, cultural, and recreational structures would be encouraged. The
boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. Tn several
areas, both sides of a street were incorporated into the boundary to encourage similar uses and
complimentary design of the faces of houses and buildings.
Staff recognizes the importance of the Old Town area as the cultural and historic center of Meridian. The
obvious emphasis on quality design as mentioned in the statement above is an important aspect of the Old
Town District. The carport is less than 2U0 square feet in size and therefore does not require a building
permit. Staff believes that this CUP application does not meet the intent or vision of the O-T district as
described in the Comprehensive Plan. However, there are some circumstances on the subject property
that staff believes warrants approval. Further, staff believes that the intent of Old Town is geared more
towards commercial development and re-development of properties. This is not the subject case.
9. ZONING ORDINANCE
a. Allowed Uses in the Traditional Neighborhood Districts: UDC Table 11-2D-1 lists the
permitted, accessory, and conditional uses in the O-T zoning district. Canvas carports are not
specifically addressed in this table. The Planning Director has determined that the CUP
process would be best suited for this type of structure and associated use.
b. Furpose Statement of Zone: The purpose of the O-T District is to accommodate and
encourage further intensification of the historical city center in accord with the Meridian
Comprehensive Plan. The intent of the OT District is to delineate a centralized activity center
and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural,
financial and recreational center of the City. Public and quasi-public uses integrated with
general business, and medium-high to high-density residential is encouraged to provide the
appropriate mix and intensity of activities necessary to establish a truly urban city center.
c. General Standards: The majority of standards that guide development in the O-T zone are set
forth in the document Downtown Meridian Design Guidelines. This document was primarily
designed for commercial uses in the downtown core. Further design guidelines for residential
uses in the O-T district are being developed but np specific standards have been adopted by the
City.
d. Clear Vision Triangle: UDC 11-3A-5 describes the measurements of the clear vision triangle.
This clear vision area is designed to ensure the safety of pedestrians and motorists at the
intersections of two public streets or the intersections of a public street and driveway or alley.
This CUP application deals specifically with the intersection of a public street and a driveway.
The clear vision triangle in this situation is measured as follows:
Kelley Carport Revised CUP-07-012 PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
For a public street and driveway or alley, the area is defined by measuring from the
intersection of the edge of travel lane and the corner of the driveway or alley twenty feet (20')
along the roadway and ten feet (10') along the driveway or alley.
The subject carport encroaches into the required clear vision triangle. However, the applicants
have removed the front and fast side panels from the carport which now allows a clearer line
of sight from all angles (Please see photo exhibits A.2).
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
Due to the unique nature of this CUP request Staff believes it is important to provide more
detailed background information in this section of the report. As stated earlier, this carport
has been in place for a couple of years and is used to house a vehicle. At the time the
applicants decided to erect the carport they consulted with the Building Department to see if a
building permit would be required. They were told that a building permit was not required for
a structure of that type and size. Unfortunately, and by no fault of their own, the applicants
never consulted with the Planning Department and went ahead and placed the carport in the
location shown in Exhibit A.
The carport recently became an issue when one of the applicant's neighbors made a
complaint to the Code Enforcement Division of the Police Department about the location of
the carport, and potential safety hazard that it created. A code enforcement officer visited the
applicants and informed them of the situation. The applicants were invited to consult with the
Planning Department to determine the best course of action to legitimize the location of the
carport. Usually in situations such as this Staff is able to refer to the setback requirements for
the zoning district, and determine if the structure in question meets those requirements. For
example, in the R-8 or R-4 residential zoning districts the street side setback to a garage is 20
feet.
Unlike the standard residential zoning districts described above the O-T zone uses the
document Downtown Meridian Design Guidelines for the majority of its development
standards, including setback requirements. Due to the fact that this document was designed
primarily for commercial uses in the downtown. core, the setback requirements are intended
for retail storefronts that would abut the sidewalk. These zero lot line setbacks were not
intended to be applied to single family properties. Residential design guidelines for the O-T
zone are being developed but no specific standards have yet been adopted by the city. The
UDC compensates for this (LTDC 11-2D-4D) by requiring a conditional use permit for any
applications that do not meet the criteria set forth in the Downtown Meridian Design
Guidelines. Staff determined that the subject canvas carport was clearly outside of the intent
of the design guidelines and therefore would be required to go through the CUP process.
Through the first CUP (06-034) process, Staff identified various issues anal concerns related
to the location of the carport. The Planning and Zoning Commission addressed these issues
and the applicants were directed to take certain actions to bring the carport into compliance.
The applicants have followed the Coxmnission's recommendations and are submitting their
request for the current CUP-07-012. These issues and the subsequent actions taken to address
them are outlined in detail below:
Clear Vision Triangle: After careful review, which included a site visit, Staff determined
that the subject carport encroaches into the required clear vision triangle in this area. One of
the main purposes of the clear vision triangle, as described in UDC 11-3A-5, is to ensure that
motorists and pedestrians are able maintain a clear line of sight at the intersection of a street
and driveway. As the "Before" photographs in Exhibit A show, the carport is located directly
Kelley Carport Revised CUP-07-012 PAGE 5
C1TY QF MERiDiAN PLANNING DEPARTMENT STAFF REPQRT FOR THE HEARING DATE QF TULY 19, 2007
adjacent to the driveway of the neighboring property to the west. Before, the location of the
carport almost completely blocked a driver's line of sight to the east as he or she exited the
neighboring driveway onto the street. This situation created a hazard for both motorists and
pedestrians traveling along E. Ada Street.
The applicants have now removed the front and first side panels of the carport (see
"After" photographs in Exhibit A). A much clearer view of the street a~ud neighboring
driveway is available now to both motorists and pedestrians.
Encroachment into the right-of--way: Upon consultation with. ACHD and a review of
property lines in this area, Staff determined that the carport appeared tp encroach into ACHD
right-of- way along E. Ada Street. ACHD informed Staff that a license agreerzxent would be
required to place the carport within ACHD right-af--way.
The applicants have acquired a license agreement from ACHD, #0731-],832-0107 (see
ACHD letter in Exhibit A.3), which allows them to leave and maintain the carport in the
existing right-of--way along E. Ada Street.
Design: As mentioned earlier in this report the UDC and the Downtown Meridian Design
Guidelines do not specifically address canvas carports. The carport structure, as well as many
other residential projects staff reviews, does not meet the Guiding Principles of the
Downtown Meridian Design Guidelines. However, it does allow the Kelley's the opportunity
to park and store their car on the majority of their property. With that said, Staff is conce~med
about these types of structures being located adjacent to public streets on this site or in any
area of the city. Typically, Staff believes that semi-permanent canvas and steel structures
such as these should be located out of the public view. However, because this is a corner lot
and there is very little area to construct a "permanent" structure/garage, Staff is supportive of
allowing the subject carport. This recommendation is not typical, and Staff cannot envision
another instance where we would support a canvas structure in Old Town.
b. Staff Recommendation: Staff recommends approval of the subject application, CUP-07-
012, for the reasons outlined in Section 10 and Exhibit B of this report.
Kelley Carport Revised CUP-07-012 PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
11. EXHIBITS
A. Drawings
1. CUF Site Plan: No Date
2. Carport Pictures: Before and A$er (10)
3. ACHD License Agreement Letter
B. Department Comments/Conditions
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Ada County Highway District
6. Central District Health Department- Environmental Health Division
7. Nampa & Meridian Irrigation District
C. Required Findings from Unified Development Code
Kelley Carport Revised CUP-07-012 PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
A. Drawings
1. CUP Site Plan
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I=xhibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
2. Carport Pictures
Exhibit A Page 2
Before: View looking east down Ada Street. The neighbor's driveway is shown where the truck is parked
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOIL THE HEARING DATE OF JULY 19, 2007
Exhibit A Page 3
After: The front and first side panels have been removed.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
Exhibit A Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
After:
Exhibit A Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FQR THE HEARING BATE OF JULY 19, 2007
Exhibit A Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ULY 19, 2007
After:
Exhibit A Page 7
i Y, ~.,1Si
V~ S~~\1 ~~YY
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
Exhibit A Page S
Before: This view shows the carport and neighbors property and demonstrates how the carport encroaches
CITY pF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF .lUl/Y 19, 2007
Exhibit A Page 9
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATIr OF JULY 19, 2007
Exhibit A Page 10
Before: This view demonstrates what motorists traveling west on Ada Street may see. Note that the truck
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
Exhibit A Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
3. ACRD License Agreement Letter
t?ia.....,.~7i"ed~ ^~.yv~i
January 1D, 2007
Mr. and Mrs. Larry Kelley
4D3 East 2n0 Street
Meridian, ID 83642
Dear Mr. end Mrs. Kelley;
)onn 5. Pranden, President
Renecra W, prndd, 1st Vice President
Sherry H. Huber, lnd Vice President
have givens, Comm~ssroner
Carol A. McKee, COmm~s9roner
The License Agreement to have and maintain existing canvas carport within the public right of way
along Ada SVeel For the property located at 403 East 2"d Street was considered and approved by the
Ada County Highway Distract. Please remember to call Construction Services at 387280 to verify if
any additional Construction Permits are required.
Enclosed is your copy of License Agreement outlining all the terms and conditions and assigned #0731-
1832.0107. Please use this number in all Future correspondence regarding [his matter.
Sincerely,
ADA COl1NTY HIGHWAY g15TRICT
'~L~.~ ,~ ,{1 ~
Karen L. A~ Id
Right of Way Account Clerk
Enclosure
Exhibit A Page ] 2
CITY OF MERIDIAN 'PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
B. Department Comments/Conditions
1. Planning Department
1.1 The applicant shall be allowed to maintain the existing carport structure as shown on the undated
site plan in Exhibit A, provided the front and Erst side panels retrain retttOVed from the carport
and a clear line of vision is kept.
1.2 All landscaping next to the carport shall be trimmed to maintain a clear line Of vision in tlxe sight
triangle.
2. Public Works Department
2.1 The Public Works Department has no comment on this application.
3. Fire Department
3.1 Building setbacks shall be per the International Building Cade for one and two story construction.
4. Police Department
4.1 No comment.
5. Ada County Highway District
5.1 No comment received.
6. Central District Health Department
6.1 No comment.
7. Nampa & Meridian Irrigation District
7.1 No comment.
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFk' 'REPORT FOR THE HEARING DATE OF JULY 19, 2007
C. Required Findings from Unified Development Code
CUP Findings:
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and developnneut regulations in the district in which the use is located.
Staff finds that the portion of the site where the carport is located is not large enough to
accommodate the carport structure without encroaching into the right-of--way. However, due to
the location of the existing home and trees, and the property being on a corner lot, there is not a
viable opportunity to construct a carport behind the house (where there is land available for a
structure of this size). The UDC allows properties/uses in Old Town to apply for CUP approval
when all the dimensional and development regulations are not being met.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Staff finds that the designated Comprehensive Plan Designation for this property is Old Town.
Staff finds that the location of the carport structure is not consistent with the purposes or intent of
the Old Town designation. However, if the Coxxuxiission fmds, through the public hearing, that
this use is appropriate then it is harmonious with the Plan and the UDC.
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
Staff fmds that the carport structure is generally compatible with neighboring uses. However, the
location of the carport structure, near the street, is not ideal. Staff also finds that the intended
character of the Old Town area would not support such structures typically to be visible from
public streets.
~. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
A letter was received from the neighbor stating that even with the front and side flaps removed,
the carport creates a visual safety hazard for motorists exiting the adjacent driveway and
motorists driving on E. Ada Street. The letter also states that the structure is non-aesthetically
pleasing from their property. Staff recommends that the Commission reference any oral or written
public testimony provided regarding this finding. Staff believes that by removing the front and
first side panels on the carport, it provides a better line of sight in the clear vision triangle.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
Exhibit C Page 1
CITY OF MER]pIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently
available to the subject property. Please refer to any comments prepared by the Meridian Fire
Department, Police Department, Parks Department, Sanitary Services Corporation and ACRD.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
Staff finds there will not be excessive additional requirements at public cost and that the proposed
use will not be detrimental to the community's economic welfare.
7. That the proposed use will not involve activities ar processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or
odors. Staff finds that the proposed use may be detrimental to people, property or the general
welfare of the area due to the potential danger to pedestrians and motorists caused by the
placement of the carport within the clear vision triangle. The Commission should rely upon any
oral or written public testimony provided to determine this finding.
S. That the proposed use wiU not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Staff finds that the proposed use will not result in the destruction, loss or damage of any natural,
scenic or historic feature of major importance.
Exhibit C Page 2