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CONDITIONAL USE PERMIT ANALYSIS: <br />The City Council may grant a conditional use permit as it was applied for or in modified form. On the basis <br />of the application and the evidence submitted, the city finds that the proposed use at the Property is or <br />will be: <br />1. Consistent with the community management plan; The intent for the proposed grading is <br />residential in nature, is consistent with the permitted uses for the Property, and is compliant <br />with the zoning code and comprehensive plan. <br />2. Compliant with the zoning code, including any conditions imposed on specific uses as required by <br />article V, division 3 of the City Code; The proposed grading is residential in nature which is <br />consistent with the permitted uses for the Property. <br />3. Adequately served by police, fire, roads, and stormwater management; This statement is true. <br />4. Provided with an adequate water supply and sewage disposal system; This statement is true. <br />5. Not expected to generate excessive demand for public services at public cost; This statement is <br />true. <br />6. Compatible with the surrounding area as the area is used both presently and as it is planned to be <br />used in the future; This criteria relates to whether the proposed grades resulting from the earth <br />movement are appropriate and in character with the surrounding land and neighborhood. The <br />grading of the Property will be in conformance with the neighborhood. Once completed, the <br />grading will have no impact on surrounding lands. The grades, once vegetated and landscaped <br />should not have an adverse impact on the neighborhood. <br />7. Consistent with the character of the surrounding area, unless a change of character is called for in <br />the community management plan; The proposed grades will help to facilitate stormwater runoff <br />down property lines, and not toward adjacent properties as is the current condition. The <br />proposed grades should not result in a negative impact to neighboring properties. <br />8. Compatible with the character of buildings and site improvements in the surrounding area, unless <br />a change of character is called for in the community management plan; The Applicant is proposing <br />to elevate the land to accommodate a walk out which is not out of character for the <br />neighborhood. It is likely adjacent properties will not be impacted. The site grading will be <br />reviewed and monitored closely by the City's engineer to assure that all existing drainage <br />patterns are maintained and adjacent properties are not adversely impacted. <br />9. Not expected to substantially impair the use and enjoyment of the property in the area or have a <br />materially adverse impact on the property values in the area when compared to the impairment or <br />impact of generally permitted uses; This standard requires that the proposed grading and <br />improvements must not substantially impair the use and enjoyment of the properties in the area <br />or have an adverse impact on the property values in the area when compared to the impairment <br />