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AGENDA ITEM Item No.: 19 Date: November 13, 2017 Item Description: #17-3987, John Kraemer & Sons o/b/o Ellen Redmond, 2625 Kelly Avenue, ATF CUP (grading) — Resolution Presenter: Melanie Curtis Agenda Planning Department City Planner Section: Report 1. Purpose. This application requires two motions: a. Waive Planning Commission review (requires unanimous approval) b. Consider a Conditional Use Permit to allow removal of material in excess of 500 cubic yards in conjunction with the construction of a new home. 2. MN§15.99 Application Deadline. The application was received and considered complete on October 23rd. Therefore the 60 -Day review period expires on December 22, 2017. 3. Background. The owner's architect and builder worked with planning staff through the summer to develop plans for the new home at 2625 Kelly Avenue. The plans were designed to conform to all of the applicable zoning requirements. The building permit application was submitted and after review was shown to meet all setbacks, height, hardcover, and other lot requirements for the LR -1B district. In conjunction with and following the demolition of the existing home, 4,500 cubic yards of fill material was removed from the knob of land where the new house was to be situated. The builder's plan did not call out the quantity of fill leaving the site; nor did the City's review quantify or specifically identify the removal as excessive. During discussions with the builder, staff became aware of the removal quantities and the need for the conditional use permit. The grading of the site was not an "import" of fill and did not appear to result in a home which would be out of character in the neighborhood. 4. Planning Commission Process — Request Waiver The Planning Commission has not reviewed this application. The need for the conditional use permit to address the removal of approximately 4,500 cubic yards of material which was not realized until late October. Due to timing of the discovery of the grading CUP, the weather, and the limited opportunity for a planning commission public hearing, the applicant is requesting that the City Council hold the public hearing. The City Council may waive reference of a conditional use permit application to the Planning Commission for the public hearing according to City Code 78- 912 (Exhibit J). A unanimous vote is required in order to waive the Planning Commission's review. The legal notice was published to allow for a public hearing by the City Council at the November 13th meeting. If the Council votes to waive the Planning Commission's review, and holds the public hearing; staff has prepared an approval resolution for the conditional use permit. Prepared By: MOO Reviewed By: J. Barnhart Approved By: 5bV