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AGENDA ITEM <br /> rib% Item No.: 12 Date: September 10,2018 <br /> Irple... <br /> tem Description: LA18-000069—Gordon James Construction o/b/o Jason Pitts,225 <br /> Old Crystal Bay Road S, Conditional Use Permit(grading)Public Hearing—Resolution <br /> lF 0.E. Presenter: Melanie Curtis Agenda Public Hearing <br /> e4kESHOlLt Planner Section: <br /> 1. Purpose. This application requires two motions: <br /> a. Waive Planning Commission review(requires unanimous approval) <br /> b. Consider a Conditional Use Permit to allow import of material in excess of 500 cubic <br /> yards in conjunction with the construction of a new home. <br /> 2. MN§15.99 Application Deadline. The application was received and considered complete on <br /> August 15, 2018.Therefore the 60-Day review period expires on October 14,2018. <br /> 3. Background. The owner's architect and builder worked with planning staff to develop plans for <br /> the new home at 225 Old Crystal Bay Road South. The plans were designed to conform to all of <br /> the applicable zoning requirements. The building permit application was submitted and after <br /> review was shown to meet all setbacks, height, hardcover,and other lot requirements for the RR- <br /> IB district. <br /> The builder's plan during pre-application discussions identified the plan to import fill to the site <br /> specifically so as to review building height with staff. However the plans for discussion did not <br /> call out the quantity of fill; nor did the City's review quantify or specifically identify the import <br /> as excessive. There will be 285 cubic yards cut out of the foundation excavation with a total of <br /> 2,399 cubic yards of fill needed. The net import will be 2,114 cubic yards,which exceeds what is <br /> customary for a new building. During discussions with the builder, staff became aware of the <br /> quantities and the need for the conditional use permit.The property is approximately 1.8 acres in <br /> area and the grading of the site does not appear to result in a home which would be out of <br /> character in the neighborhood or create drainage concerns. <br /> 4. Planning Commission Process—Request Waiver <br /> The Planning Commission has not reviewed this application. The need for the conditional use <br /> permit to address 2,114 cubic yards of material brought to the site was not realized until the builder <br /> submitted for building permit. <br /> Due to timing of the discovery of the grading CUP, and the minimal impact to the surrounding <br /> neighborhood,the applicant is requesting that the City Council hold the public hearing. The City <br /> Council may waive reference of a conditional use permit application to the Planning Commission <br /> for the public hearing according to City Code 78-912 (Exhibit I).A unanimous vote is required in <br /> order to waive the Planning Commission's review. The legal notice was published to allow for a <br /> public hearing by the City Council at the September 10th meeting. If the Council votes to waive <br /> the Planning Commission's review, and holds the public hearing; staff has prepared an approval <br /> resolution for the conditional use permit for consideration. <br /> 5. Public Comment. To date,no comments from the public were received regarding this application. <br /> 6. Staff Recommendation. Staff recommends approval. <br /> COUNCIL ACTION REQUESTED <br /> The action requested for this application is as follows: <br /> Prepared By:1'YIGG Reviewed By:J.Barnhart Approved By:n52 <br />