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HomeMy WebLinkAboutKerwin CUP-08-019~, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER -'S ! ~- -- E IDIAN -- .;~ .a~ ; , In the Matter of Conditional Use Permit to Extend the Existing Nonconforming Residential Use of the Property Located at 417 W. Broadway Avenue in the I-L Zoning District, by William Kerwin. Case No(s). CUP-08-019 For the Planning and Zoning Commission Hearing Date of: August 21, 2008 (Findings on September 2, 2008) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report far the hearing date of August 21, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 2008, incorporated by reference) S. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-b503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Cade § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORAER CASE NO(S). CUP-08-019 Page 1 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of August 21, 2008, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conditional User Permit as evidenced by having submitted the Site Plan attached in Exhibit A of the staff report dated August 21, 2008, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of August 21, 2008, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the CITY OF .MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-019 Page 2 Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles .the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date o~ this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 21, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSfONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-019 Page 3 By action of the Planning & Zoning Commission at its regular meeting held on the / `~~ day of ~ , 200$. COMMISSIONER DAVID MOE VOTED (Chair) COMMISSIONER MICHAEL ROHM VOTED COMMISSIONER WENDY NEWTON-HUCKABAY VOTED COMMISSIONER TOM O'BRIEN VOTED COMMISSIONER JOE MARSHALL VOTED G~~ CHAIRMAN DA MOE hest: ~ ~` `'~ ~ i~ •~ [f ~ i ~. ~~ !~ - AL ara Green, Deputy City Clerk y ~~ '9Q ~USr 1~~ ~ ~ `~ Copy served upon Applicant, Thy ,l,~a~ent, Public Works Department and City '~~-nii~it,,~~ ~ Attorney. By: Dated: ~`~ ~~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-019 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 STAFF REPORT Hearing Date: August 21, 2008 ~+ T /~ ~T TO: Planning & Zoning Commission E 1~~L'11~! :'~ FROM: Sonya Watters, Associate City Planner ~ { '"` `~~ M"~~ (208) 884-5533 SUBJECT: Kerwin • CUP-08-019 Conditional Use Pernnit to extend the existing nonconforming residential use of the property located at 417 W. Broadway Avenue in the 1-L zoning district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, William Kerwin, is requesting Conditional Use Permit (CUP) approval to extend the existing nonconforming residential use of the property located at 417 W. Broadway Avenue, in the I- L zoning district. The subject property contains asingle-family dwelling, which is used as a residence. Per UDC Table 11-2C-2, residential uses are not allowed in the I-L district. However, a nonconforming use may continue as long as a conditional use permit is acquired and the use remains lawful and is not expanded or extended. The applicant is proposing to move an existing garage to another location on the subject property, which qualifies as an alteration and therefore is subject to conditional use permit approval, per UDC 11-1B-4A.1. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-08-019 to extend the existing nonconforming residential use of the subject property including allowing a garage to be relocated on the site, as presented in the Staff Report for the hearing date of August 21, 2008, subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on August 21, 2008. At the public hearing, they moved to approve CUP-OS-019_ a. Summary of Commission Public Hearing: i. In favor: B. J. Kerwin ii. In opposition: None iii. Co~tnmenting: Jim Thomnso_n iv. _Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commentin on a lication: None b. Kev Issues of Discussion_ by Commission: i. Whether or not the property should be rezoned to a residential zone. c. Kev Commission Changes to Staff Recommendation:. i. None 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08- 019, as presented in the staff report for the hearing date of August 21, 2008, with the following Kerwin CIJI'-08-019 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on September 4, 2008. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-08-019, as presented during the hearing on August 21, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on September 4, 2008. Continuance After considering all Staff, Applicant, and public testimony, I move to continue pile Number CUP- 08-019 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: 417 W. Broadway Avenue Southeast '/a of Section 12, Township 3 North, Range 1 West b. Owner: William Kerwin 417 W. Broadway Avenue Meridian, ID 83642 c. Applicant /Contact: Same as Owner d. Present Zoning: I-L (Light Industrial) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to move an existing garage to a new location, thus extending the non-conforming residential use of the property in the I-L district, as required by UDC 11-1B-4A.1. g. Description of Applicant's Justification for CUP Approval: "The garage needs to be moved so I can build a shop on the back portion of the property." See applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: August 4, 200$ and August 18, 2008 c. Radius notices mailed to properties within 300 feet on: August 1, 2008 d. Applicant posted notice on site by: August 11, 2008 Kerwin CUF-08-019 Page 2 CITY OF MERIDIAN PLANNING DEPARTM$NT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 6. LAND USE a. Existing Land Use(s): The subject property contains asingle-family dwelling, garage, and associated outbuildings. b. Description of Character of Surrounding Area: The properties to the east and west are zoned I-L and consist of a mix of industrial and residential uses. The property directly adjacent to this site on the west has a residence and a welding shop on it. The property across the street is zoned R-15 and consists of residential uses. The site abuts the railroad on the south. c. Adjacent Land Use and Zoning 1. North: Single-family residences; zoned R-8 2. East: Single-family residence; zoned I-L 3. South: UPRR and industrial uses (lumber company), zoned I-L 4. West: Single-family residences, welding shop; zoned I-L d. History of Previous Actions: • This property was part of several residential properties on the south side of Broadway along the rairaoad tracks that were rezoned to I-L for an. industrial development that never occurred. These properties that are still being used for residential purposes are considered nonconforming uses in the I-L district in which they lie. • A Certificate of Zoning Compliance was approved on July 3, 2008 for a ductwork fabrication shop on the rear of the subject property. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: W Broadway Ave. Location of water: W Broadway Ave. Issues or concerns: All main extensions must be located under a drivable surface. 2. Vegetation: There are several existing trees and landscaping on the site. Mitigation is required for all existing healthy trees 4-inch caliper or greater that are/were removed from the site, in compliance with the standards listed in UDC l 1-3S-lOC. 3. Floodplain: The northern half of this site is located within flood zone XS but is not located within the flood way. 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Lot Size: 0.42 of an acre (includes two parcels) £ Conditional Use Information: 1. Non-residential square footage: NA 2. Hours of Operation: NA g. Off-Street Parking: Off-street parking is proposed at the rear of the new location of the garage. h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the subject property is provided from W Broadway. No new access points or streets are proposed with this application. Kerwin CUP-08-019 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 7. COMMENTS MEETING On August 1, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Public Works Department, and the Meridian Police Department. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density Residential." This designation allows smaller lots for residential puzposes within the city limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. Staff believes that the existing and future residential use of the property complies with the medium density residential land use designation for this site. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal N, page 112) Staff believes that the existing and future residential use of this property is compatible with surrounding residential uses. Staff believes that the current and future residential use of this property is consistent with the Comprehensive Plan future land use map designation of medium density residential and is compatible with the surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE (Applicable Sections) UDC Table 11-2C-2 lists single-family dwellings as an "accessory" use in the I-L district. Single- family dwellings as a primary use are prohibited. Because the residential use of this property was lawful prior to September 15, 2005 and before the property was rezoned to I-L, it is now considered a legal nonconforming use. Per UDC 11-1B-4, nonconforming uses that are expanded or extended, such as this, require CUP approval. UDC 11-3C-6 requires single-family detached dwellings to have 2 parking spaces in an enclosed garage with a 20' x 20' parking pad between access and garage. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP request as presented in the staff report, with the following comments: Conditional Use Permit (CUP): A CUP is requested to extend the existing nonconforming residential use of the property located at 417 W. Broadway Avenue in the I-L zoning district. The applicant proposes to move an existing garage to a new location on the property, thus extending the non-conforming residential use of the property, according to UDC 11-1B-4. Per UDC 11-1B- 4, aCUP is required to extend the existing nonconforming use of the property. The Comprehensive Plan future land use map designates this property for medium density residential uses which corresponds with the existing and future residential use of the property. Because the future land use map shows a residential designation of this property, and because several of the nearby properties also contain homes, staff is supportive of the proposed CUP. The Kerwin CUP-08-019 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE. OF AUGUST 21, 2008 Commission should consider whether or not it is appropriate to require the applicant to submit a re-zone application to clean-up the zoning of this property to match the use. Access: Access to the site is provided from one 20-foot (+/-) wide driveway to/from. W. Broadway Avenue. Na new access points are proposed or approved with this application. The Fire Department has included a condition of approval in Exhibit B for the applicant to provide a fire department turn around at the south end of the property. Site/Landscape Plan: Asite/landscape plan was submitted for this site showing the location of the existing house, recently approved shop, and the existing and proposed location of the garage. Existing and proposed trees and landscaping are also shown on the plan. Staff is generally supportive of the site plan. Building Permit: A building permit is required to be obtained prior to the relocation of the existing garage. Building setbacks and dimensional standards for the relocated garage shall comply with those listed in UDC 11-2C-3 for the I-L district. b. Staff Recommendation: Staff recommends approval of CUP-0$-019 to extend the existing nonconforming residential use of the subject property, including the relocation of a garage on the site, as presented in the Staff Report for the hearing date of August 21, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Plannin and Zonin Commission heard this item on August 21, 2008. At the public hearing, they moved to annrove CUP-08-019. 11. EXHIBITS A. Exhibits 1. Vicinity Map 2. Site Plan B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from UDC Kerwin CUP-08-019 Page 5 C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 A. Drawings 1. Vicinity Map i uu W PINE AVE H; O n d z Exhibit A CITY QF MERiDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 2. Site Plan mm~l~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The subject CUP request to relocate a garage and continue a residential use on this property is hereby approved. A building permit is required to be obtained prior to the relocation of the existing garage. Building setbacks and dimensional standards for the relocated garage shall comply with those listed in UDC 11-2C-3 for the I-L district. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W Broadway Ave. The applicant will need to connect to the existing sewer main in W Broadway Ave and extend services to the purposed buildings, All trains must be under a road way ar drivable surface. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in W Broadway Ave. Due to fire flow requirements the applicant will need to connect to the existing 4-inch water main in W Broadway Ave and extend a 4-inch main with in the applicants property to serve the purposed buildings, All mains must be under a road vvay or drivable surface. The applicant shall be responsible to install water, mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat far reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an $1/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.5 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-$ contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Tdaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.6 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT h'OR THE HEARING DATE OF AUGUST 21, 2008 2.7 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.8 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.9 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.10 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the foundation is at least 1-foot above. 2.11 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy far any structures within the project. 3. FIRE DEPARTMENT 3.1 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Provide a lire department turn around at the south end of property. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT ACRD issued a "No Review" letter for this application. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE O,F AUGU'ST 21, 2008 C. Required Conditional Use Permit Findings from UDC 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 development regulations in the district in which the use is located. The Commission finds that the site is large enough to accommodate the relocation of the garage as proposed. The dimensional and development regulations, if the CUP is approved to allow the residential use in the I-L district, can be accommodated. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive flan Future Land Use Map designation for this property is medium density residential. The property is currently zoned 1-L but is residential in nature. The existing and future residential use of the property complies with this designation. 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. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the continued residential use of the property should be compatible with other uses in the general area and with the existing and intended character of the area. Further, the Coxrnnission believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that, if the Applicant complies, with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 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. The Commission fmds that the subject property is currently served by public facilities such as streets, police, and fire protection. The Commission finds that the proposed use will continue to be served adequately by those facilities and services previously mentioned. 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. The Commission finds the proposed relocation of the garage, and continued residential use of the property should not create excessive additional costs for public facilities and services. The Commission finds that the proposed use will not be detrimental to the community's economic welfare. Exhibit C CITY OF MERIDIAN Pi,ANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2008 7. That the proposed use will not involve activities or 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. The Commission recognizes that traffic and noise is a concern; however, the Commission does not find that the amount generated will change by relocating the garage on this site. The Commission does not anticipate the existing and future residential use of the property will create excessive noise, smoke, fumes, glare, or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. The Commission finds that the proposed relocation of the garage and continued use of the property as a residence will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C