05-08-2017 Council Packet - Laserfiche WebLink

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FILE # 17-3928 17 April 2017 Page 2 of 4 (3) For movement of more than 500 cubic yards of material within the Shoreland Overlay District, conditional use permit approval by the city council is required in addition to the required land alteration permit. Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The intent for the proposed grading is residential in nature, is consistent with the permitted uses for the property, and is compliant with the zoning code and comprehensive plan. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed grading is residential in nature which is consistent with the permitted uses for the property. 3) Adequately served by police, fire, roads, and stormwater management; This statement is true. 4) Provided with an adequate water supply and sewage disposal system; This statement is true. 5) Not expected to generate excessive demand for public services at public cost; This statement is true. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; This criteria relates to whether the proposed grades resulting from the earth moment are appropriate and in character with the surrounding land and neighborhood. Staff believes the re -grading of the property will be more in conformance with the neighborhood and will provide a smoother transition from one property to the next. Once completed, the grading will have no impact on surrounding lands. The grades, once vegetated and landscaped should not have an adverse impact on the neighborhood. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The proposed grades will help to facilitate stormwater runoff down property lines, and not toward adjacent properties as is the current condition. The proposed grades should not result in a negative impact to neighboring properties. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The applicant is proposing to re -grade the property to facilitate a first floor garage where a tuck under garage is the existing condition, as well as improve Stormwater management. It is likely adjacent lakeshore properties will not be impacted. The grading will be reviewed and monitored closely by the City's engineer to assure that all existing drainage patterns are maintained and adjacent properties are not adversely impacted. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; This standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area or have an adverse