2007-01-10 Set Agenda & Handouts

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MEMORANDUM TO: FROM: RE: Centerville City Council Kurt B. Glaser, City Attorney Sedona, Standards For Granting Applications The question has been asked: What is the standard for reviewing Sedona's new plans? Here is a summary ofa few Code sections to help answer questions about approval or denial of their request to exceed the maximum building height of35 feet. Here is what the Council must consider before a Conditional Use Permit ("CUP") can be granted: Step # I) Consider Standards & Conditions for conditional uses (see below). These must be proven before the CUP can be granted. If not proven, then the CUP cannot be granted and the height of , off - the building can be built, but no higher than 35 feet tall. Step #2) Consider imposing additional conditions "to prevent or minimize injurious effects in the neighborhood." (Landscaping, screening, buffer zone, ect.) Good luck. . . "A:i, ~ 154.120 HEIGHT. (A) Structures. No structures or building may be erected to a height exceeding 35 feet without the issuance of a conditional use permit. (B) Excess height on a building. Upon the securing of a conditional use permit any building may be erected to a height exceeding that specified for the respective district, provided the front, rear andsid~yards shall be increased one foot for each one foot by which the building exceeds the height-limit established for that district. *** ~ 154.320 CONDITIONAL USES. *** (B) Standards and conditions for conditional uses. *** (2) A Conditional Use Permit shall be granted only if evidence is presented to establish: (a) That the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or city; (b) That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) That the proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. (3) The Council may impose such conditions upon the premises benefitted by a conditional use as may be necessary to prevent or minimize injurious effects therefrom upon other property in the neighborhood. ~~l:" ~J/4.