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LA19-000060 <br /> 9/16/2019 <br /> /Page 3 of 3 <br /> 15) Not detrimental to the public health, public safety, or general welfare. This <br /> statement is true. <br /> A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, <br /> a CUP shall remain in effect as long as the conditions imposed by the City Council are <br /> observed, but nothing in this section shall prevent the city from enacting or amending official <br /> controls to change the status of conditional uses. <br /> Conditional Use Permit Analysis <br /> Staff finds the proposed plans meet the conditions for filling in the floodplain. The applicant is <br /> mitigating the work by creating more floodplain area within the property. They are also raising <br /> the floor of the garage to place the building above the floodplain elevation. The applicant is <br /> working to place the building within the required setbacks leaving them minimal options to work <br /> outside the floodplain. <br /> Engineer Comments <br /> The City Engineer reviewed the proposed plans and has the following comments: <br /> 1. Sediment erosion control measures should include a double silt fence due to proximity to a <br /> protected waterway. <br /> 2. MCWD Permit-The applicant will be required to obtain Minnehaha Creek Watershed District <br /> (MCWD) approval and permitting for their Erosion Control and floodplain alteration rules. A <br /> copy of any approvals or permits required should be submitted prior to issuance of the <br /> permit. <br /> 3. Any material materials deposited or stored in the floodplain must be protected from <br /> erosion by vegetative cover, mulching, riprap or other acceptable method <br /> Public Comments <br /> To date, no public comments have been received. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br /> 3. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Planning Staff recommends approval of the proposed conditional use permit and meeting the City <br /> Engineer's Comments. <br /> List of Exhibits <br /> Exhibit A. Application <br /> Exhibit B. Proposed Survey/Site Plan <br /> Exhibit C. Proposed Plans and Elevations <br /> Exhibit D. Submitted Hardcover Calculations <br /> Exhibit E. Property Owners List and Map <br />