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Planning Staff Recommendation <br /> Following the Planning Commission review the City Attorney reviewed the applicant's request and <br /> conducted a thorough search of our City code and it appe�rs that a columbarium (or cemetery) is not a <br /> perinitied use in the City. In order for the City to allow the construction of the columbarium a "use" <br /> variance would be required. A "use" variance is illegal. The Cour�cil has the option to review and <br /> approve the bulk of this �pplication and deny the "use" variance for the columbarium. If the Council <br /> chooses to, the Zoning Code may be amended to allow cemeteries/columblrium as a permitted <br /> accessory or conditional use. If the Zoning Code is amended to allow ceineteries/columbarium the <br /> applic�nt could potentially re-open their request for the memorial garden & coltuilbarium. <br /> Staff recommends approval of the conditional use permit amendments and sign variance (for overall <br /> size within a residential zone but does not recommend approval of the height variance). Staff <br /> recommends denial of the use variance in order to construct a columbarium/cemetery. The applicant . <br /> will be expected to establish protective covenants over the wetland and bufFer as well as dedicate the <br /> standard wetland drainage and utility easements as required in the Wetlands Protection ordinance. The <br /> Council shottld determine whether or not to iinpose a financial guarantee for the proposed <br /> improvements. <br /> COUNCIL ACTION REQUESTED <br /> Direct staff to draft a Resolution reflecting Council's decision. <br />