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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 />Driveway curb cuts are to be at least 5' from the property line. This curb cut is not on the <br />applicant's property and therefore does not meet Zoning Code requirements. <br />3. <br />The engineer has indicated his concern that the changes may have a negative impact on <br />the adjacent property because of grading along the property line, 'fhe engineer also does <br />not favor the curb cut on Bluff Street because if the City ever opens or uses the area for <br />public purpose, the curb cut would need to be moved off of Bluff Street. The applicant <br />would then not have the appropriate grade level for a landing area at the top of the driveway. <br />The proposed driveway cannot be contained on the applicant's property because of the <br />exis;ing topography and the need to provide a grade of 10% or less for the driveway. <br />That the proposed conditional use will comply with each of the applicable provisions of <br />the Zoning Chapter. The zoning issues are as follows: <br />A. The location of the driveway does not conform to the Zoning Code. <br />B. The subject lot does not meet lot area or lot width requirements. <br />C. The west side of the property is subject to a 35' setback from platted, unopened <br />Bluff Street. The applicant originally requested vacation of a 10' portion of Bluff <br />Street which was not favorably received by the Planning Commission. <br />D. The existing deck encroaches into the required side yard adjacent to street. Both <br />the proposed porch/deck and new garage encroach into the required setback, the <br />Planning Commission in October approved these variances, subject to the submittal <br />and approval of the grading and drainage plan. <br />E. The existing garage encroaches into the required street yard setback. The parking <br />pad in front of the garage is partially in the street right-of-way. <br />F.The existing hardcover exceeds the limits in the 0'-75' setback. The applicant is <br />proposing to remove hardcover in the 0'-75' setback, however, overall hardcover <br />would increase on the zoning lot. The hardcover numbers are slightly different than <br />the numbers submitted w ith the previous plan, please reconsider the numbers. Please <br />note that dcover would be added for the driveway area near Park Drive which is <br />outside of the property lines. <br />^2395 Bentrott <br />1453 Park Drive <br />CUP <br />11/16/98 <br />page- S'