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2. That the proposed location of the conditional use and the proposed condition under <br />which it would be operated or maintained would not be detrimental to the public health, <br />safety, or welfare, or materially injurious to properties or improvements in the vicinity. <br />In order to meet this condition the grading plan needs to demonstrate that it will be maintained in <br />a manner that does not impact the adjacent propert>'. The retaining wall needs to be constructed in <br />a manner that water does not run over the top of the wall but is collected and directed away from <br />the lot line. The survey show a 12" PVC directed toward the side yard, however, no design was <br />provided to explain how it would function. The new house is also farther from the southerly <br />property line than ^e previous residence which will provide a larger side yard for drainage. <br />However, 2 is a limited amount of area to channel driveway runoff. <br />Other issues relating to how the grade would be maintained involve snow removal, screening, <br />vehicle emissions, and vehicle safety. Snow removal would need to be done in a manner that does <br />not place snow on the adjacent property. The 2' strip is not wide enough to allow for any <br />landscaping/screening other than sod or ground cover to be installed on the subject property As <br />ihc vehicles back out of the garage, the rear of the vehicle will encroach into the adjacent property <br />if the rear wheels stop at the edge of the proposed retaining wall. This will result in vehicle exhaust <br />emming across the adjacent property. There is also concern that the vehicles could back over the <br />3 retaining wall as no railing or wheel stop is noted on the survey. <br />In order to approve the conditional use permit, the Planning Commission must find that the location <br />of the conditional use is not detrimental to public health, safety, or welfare, or materially injurious <br />to properties or improvements in the vicinity. <br />3.That the proposed conditional use will comply w ith each of the applicable provisions of <br />the Zoning Chapter. <br />The conditional use permit would have to be in compliance with all other regulations, including <br />previous resolutions regarding hardcover. In order to approve -i»e application, the Planning <br />^ ^mmisson must find that the application complies with all other zoning icquirements. <br />Considerations <br />1.If the conditional use permit is denied, the applicant can install a retaining wall 5' from the <br />property line and have a 21' driveway from the garage. This will result in the driveway being <br />9' shorter than what is recommended. A 5' separation between the retaining wall and the <br />property line would provide more room for drainage. <br />If the applicant finds that a 21' driveway is not suitable, the applicant can change the <br />1*2290 Elaine and Steve Situs <br />3235 Casco Circle <br />Conditional Use Permit <br />10/20/97 <br />page-5