Ord_1606 PASSED (edited for Indoor Entertainment)

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4. Appeal: No permits shall be issued for a project requiring an administrative deviation before the 2326 expiration of a mandatory 10-day appeal period beginning on the date of the decision of the 2327 Community Development Department; notwithstanding the following provisions, appeals of this 2328 decision shall adhere to the process established in Section 1009.08. 2329 a. Appeals may be made by the original applicant or those property owners notified of the 2330 administrative hearing pursuant to Subsection D1 above. 2331 b. If all of those property owners notified of the administrative hearing pursuant to Subsection 2332 D1 above indicate to the Community Development Department that they will not appeal the 2333 decision, the appeal period may be waived. 2334 E. Considerations for Approval: 2335 1. Building Setback Deviation: In addition to other requirements of this section, the ADC shall 2336 consider the following factors prior to recommending approval or denial of a building setback 2337 deviation: 2338 a. The affect of the proposed project on the functional use of the property; 2339 b. The affect of the proposed project on the enclosed storage on the property; 2340 c. The propensity of the proposed project to create or exacerbate a drainage problem; 2341 d. Whether the proposed building mass would be consistent with that on contiguous properties; 2342 e. The proper scaling and integration of a new roof with the existing roof of the principal 2343 building on the property; 2344 f. The affect of the proposed project on the aesthetic quality of the property; 2345 g. Whether the existing garage space on the property accommodates more than one vehicle; and 2346 h. Whether the proposed project places more vehicles adjacent to first floor bedrooms on 2347 contiguous properties. 2348 2. Driveway Setback Deviation: In addition to other requirements of this section, the ADC shall 2349 consider the following factors prior to recommending approval or denial of a driveway setback 2350 deviation: 2351 a. The intended use of the proposed driveway or driveway expansion; 2352 b. The proximity of the proposed driveway to bedrooms on adjacent properties; 2353 c. The potential for the proposed driveway to cause storm water problems on adjacent 2354 properties; 2355 d. The aesthetic impact of the proposed driveway; and 2356 e. The incorporation of landscaping and/or fencing to screen the proposed driveway from 2357 adjacent properties. 2358 3. Fence Height Deviation: In addition to other requirements of this section, the ADC shall consider 2359 the unique circumstances surrounding an applicant’s property prior to recommending approval or 2360 denial of a fence height deviation. 2361