CUP 19-07 Staff Report

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Planning Staff Report

January 22, 2008

Conditional Use Permit (CUP 19-07): Site Plan Approval for a Real Estate Office

Located at 7345 E. 900 S. Inside Chris’ Restaurant

The petitioner is requesting conditional use and site plan approval for a real estate office located at approximately 7345 E. 900 S. inside Chris’ restaurant. The real estate office will be located inside an existing building that is within a Commercial Valley Resort Recreation (CVR-1) Zone where a real estate office is listed as a conditional use.

The real estate office will use an existing access from Highway 39, but it will not require additional approval from UDOT because it will not substantially increase the commercial use of the property. A parking area containing 24 stalls already exists for the restaurant and 5 of the stalls will be used for the real estate office. The restaurant and real estate office will both meet parking requirements. The Health Department has approved the use of the existing septic system by the real estate office. Landscaping is already in place for the existing building and a new sign is proposed to be on the outside of the building. The maximum size of the sign is limited to 5% of the area of the front of the building (length x height x 5%).

Weber County Zoning Ordinance States "The purpose and intent of Conditional Uses is to allow in certain areas, compatible integration of such uses as special exceptions but which are related to the permitted uses of the zone, but which may be suitable and desirable only in certain locations in that particular zone due to conditions and circumstances peculiar to that location and/or only if such uses as designed, laid out and constructed on the proposed site in a particular manner."

Weber County Zoning Ordinance further states: 22C-5. Basis for Issuance of Conditional Use Permit. The Planning Commission shall not authorize a Conditional Use Permit unless evidence is presented to established:

  1. That the proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the community, and
  2. That such use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety and general welfare of persons nor injurious to property or improvements in the community, but will be compatible with and complimentary to the existing surrounding uses, buildings and structures when considering traffic generation, parking, building design and location, landscaping and signs, and
  3. That the proposed use will comply with the regulations and conditions specified in this Ordinance for such use, and
  4. That the proposed use conforms to the goals, policies and governing principles and land use of the General Plan for Weber County
  5. That the proposed use will not lead to the deterioration of the environment or ecology of the general area, nor will produce conditions or emit pollutants of such a type or of such a quantity so as to detrimentally effect, to any appreciable degree, public and private properties including the operation of existing uses thereon, in the immediate vicinity of the community or area as a whole.

Conditions for Approval

  1. Requirements and recommendations of the Weber County Engineers Office.
  2. Requirements and recommendations of the Weber County Health Department.
  3. Requirements and recommendations of the Weber County Building Inspector.
  4. Requirements and recommendations of the Weber Fire District.
  5. All zoning violations must be resolved including the removal of trailers located outside of the existing RMH-1-6 Zone.

Staff Recommendations

Staff recommends approval of CUP 19-07 subject to staff and other agency requirements and recommendations.

Weber County Zoning Ordinance states "The Planning Commission may deny or permit a Conditional Use to be located within any zone in which the particular Conditional Use is permitted by the use regulations of that zone. In authorizing any Conditional Use, the Planning Commission shall impose such requirements and conditions necessary for the protection of adjacent properties and the public welfare." Any variance from the Weber County Zoning Ordinance will require a petition, and granting of a variance from the Board of Adjustment.

  • The Planning Commission can approve the proposed Conditional Use Permit subject to staff and other agency comments.
  • The Planning Commission can deny the proposed application.
  • The Planning Commission can table this item if additional information is needed

The decision of the Planning Commission may be appealed to the County Commission by filing such appeal within 15 days after the date of the decision of the Planning Commission.

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