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r <br />fei <br />[1 <br />not have a negative impact on adjacent residential property. In order to approve the conditional <br />use permit, the Planning Commission would have to find that the application meets the <br />objectives of the zoning code and is consistent with the Comprehensive Plan. <br />2.That the proposed location of the conditional use and tlie 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 <br />in a manner that does not impact the adjacent property. The proposed retaining wall will collect <br />water that from the driveway and channel it into the side yard where a concrete spilllway <br />previously was located. The applicants have indicated that the concrete spillway was old and in <br />disrepair. <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 <br />does not place snow on the adjacent property. The 2' strip and the south side yard is shown as <br />rip/rap or rock mulch. The City Engineer has advised that the slope could be planted with sod to <br />have less impact on the adjacent property. His recommendation to remain 5' off the property line <br />has not changed. <br />In order to approve the conditional use permit, the Planning Commission must find that the <br />location of the conditional use is not detrimental to public health, safety, or welfare, or materially <br />injurious to properties or improvements in the vicinity. <br />3.That the proposed conditional use will comply with 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 the application, the Planning <br />Commisson must find that the application complies with all other zoning requirements. <br />Considerations <br />1 . If the conditional use permit is denied, the applicant can install a retaining wall 5' from <br />the property line and have a 21' driveway from the garage. This will result in the <br />driveway being 9' shorter than what is recommended. <br />If the applicant finds that a 21' driveway is not suitable, the applicant can change the <br />orientation of the garage to have a street facing double door instead of a three car side <br />if 2290 Elaine and Steve Silus <br />3235 Casco Circle <br />Conditional Use Permit <br />11/17/97 <br />page-6 <br />Q <br />1 — I