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Luther Cadillac Project Staff Report Gem Lake Planning Commission Page April 12, 2022 Engineering The City Engineerwas able to review the submitted plans, and. noted that there was no issues/comments to address. Conditional Use Permit Criteria When reviewing a CUP request, irnpact on the following criteria shall be. reviewed by the city, as noted in Section 17.5.2(A): 1:) Adjacent Uses 2) Air and Water [Quality 3) Traffic Generations 4) Public Safety and Health 5) Area Aesthetics 6) Economic Impact on the Entire Area 7) Consistency with the Comprehensive Municipal Plan 8) Anticipated Duration. of the Conditional or Interim Use Section 17.5:9(8) of the further notes that the follow! ng.standards apply to -new CUPs: 1.) Compliance with all zoning:andother regulations as may otherwise be applicable; 2) The: date or the event that will terminate the use can be identified with .certainty; 3) The existence of the Conditional: or Interim Use will not impose additional -costs. on the public if it becomes necessary for the public to take the property in the future; 4) The user agrees to any.conditions of approval associated with.the. approval .of 1he Conditional or Interim Use. Permit by the City Council, Section 17.5.9(C) finally notes that new and existing CUPs should. adhere to the following: 1) Shall maintain harmony and.cornpatibility with surrounding uses and with the architectural character and design standards of existing uses.and development;. 2) Shall meet or exceed all Performance Standards contain elsewhere in this Ordinance;. 3) Shall not generate such additional traffic associated with the use that.would overburden or exceed the capabilities of streets and other public services and facilities including, but not limited to, parks; schools, and utilities serving the area. If the criteria.are not met, or there. is findings to show that they would not be met; the Planning Commission could add conditions of approval onto. the CUP to ensure. the criteria are met, or could. site the 1ack of criteria being met as.findings to deny the. request, Variance Criteria When reviewing a request for a variance, the request shall be considered in respect to whether the. applicant has a practical difficulty preventing them from meeting the ordinance. A variance cannot be permitted to allow a use that isn't permitted per the ordinance. A.'. practical difficulty' means, as -noted in Section 17A.1 of the. ordinance, that: • The property owner proposes to use the property in a reasonable manner not permitted by the: zoning ordinance