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3.A hardcover variance in the 75'-250' setback to increase from <br />2,334 sq. ft. (23.43%) to 3,518 sq. ft. (35.32%). <br />4.A conditional use permit alter land and grade within 5' of the <br />property line is also required based on the submitted plan. <br />A conditional use permit, however, requires notification <br />to property owner ’s within 350' at least 10 days before the <br />public hearing. This application was not noticed in the official <br />newspaper or mailed to adjacent property owners as a c.u.p. because <br />staff was not certain that a conditional use permit was required for <br />grading within 5’ of the property line until the plan was received which <br />was after the deadline for official publication and less than 10 days <br />notice to adjacent property owners. If the Planning Commission <br />finds that the hardcover and setbacks are acceptable, then a public <br />hearing for a conditional use permit may be scheduled at either <br />the November Planning Commission meeting or the Planning <br />Commission may recommend that the Council hold a public hearing <br />on the conditional use permit at the same time that it reviews <br />the variances. <br />Pertinent Ordinances <br />Section 10.25, Subd.5 (B) LR-IB Standards <br />Section 10.22 Subd. 1 and 2 Hardcover Regulations <br />Section 10.56, Subd. 16 Hardcover Regulations <br />U2395 Brent Bentrott <br />pagt-2