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AGENDA ITEM <br />Item No.: 12 <br />Date: September 10, 2018 <br />Item Description: LAI 8-000069 — Gordon James Construction o/b/o Jason Pitts, 225 <br />Old Crystal Bay Road S, Conditional Use Permit (grading) Public Hearing — Resolution <br />Presenter: Melanie Curtis Agenda Public Hearing <br />Planner Section: <br />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 />113 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 10' 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: MOO <br />Reviewed By: J. Barnhart <br />Approved By: 5bV <br />