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^ '■ <br />- ' V <br />The proposed driveway and retaining wall plan includes a curb that will intercept water <br />flowing from the north to the east and south across the property from the road. Runoff would <br />follow the curb and drain along the side yard. Previously there was a shared driveway <br />between the subject property and the adjacent property to the south. Please compare the two <br />topographical maps from before and after the construction of the new residence to understand <br />the drainage pattern. <br />2. Does the proposed location of the conditional use and the proposed condition under which <br />it would be operated or maintained be detrimental to the public health, safety or welfare <br />or materially injurious to the properties or improvements in the vicinity? <br />The adjacent property owners have written a letter objecting to a retaining wall and driveway <br />being located 2' from their property line. The Planning Commission needs to discuss whether <br />the grading to accomplish the proposed driveway and retaining wall would be materially <br />injurious to the properties in the vicinity. <br />A conditional use permit may be revokable, may be granted for limited time, or may be <br />granted subject to such conditions that the Council may prescribe. The conditional use permit <br />may remain in effect as long as the conditions agreed upon are observed. <br />STAFF RECOMMENDATION <br />Staff recommends that the Planning Commission and consider the following issues: <br />i I <br />1. <br />2. <br />3. <br />Should the 5' setback for grading be reduced to 2' to provide a driveway and retaining <br />wall? What are the consequences of reducing this standard for other lakcshore lots <br />that do not meet the minimum lot width requirements? <br />Does the proposed grading improve drainage? What impact, if any, does it have on other <br />properties? <br />Would the grading within 2' of the property line negatively impact the adjacent property? <br />What conditions could be placed on the conditional use permit to negate or eliminate any <br />negative impacts? <br />If the Planning Commission flnds in the affirmative to the above three questions, then the <br />conditional use permit should be approved. If the Planning Commission flnds that the application <br />should not be approved, then staff should be directed to work with the City .Attorney to prepare in <br />detail written reasons for the denial. <br />U2290 Elaine and Sieve Silus <br />3235 Casco Circle <br />CUP <br />1/20/9S <br />page-3