08-18-2025 - Agenda Packet Planning Commission - PC packet

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FILE # LA25-000024 18 August 2025 Page 5 of 6 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Without variances the property is unbuildable. The variances for lot size, setback, and hardcover are necessary and do not merely serve as a convenience to the owners. The Commission may recommend, or the Council may impose conditions in granting variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Conditional Use Permit (Section 6.12.4090) The Planning Commission may recommend, and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. Based on the application and the evidence submitted, the city must find that the proposed use at the proposed location is, or will be: 1) Consistent with the community management plan; the proposed development of the property for residential use is consistent with the community management plan. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by Article V, Division 3 of the City Code; the proposed project will conform to all other applicable zoning requirements. 3) Adequately served by police, fire, roads, and stormwater management; in the opinion of staff this criterion is met. 4) Provided with an adequate water supply and sewage disposal system; in the opinion of staff this criterion is met. 5) Not expected to generate excessive demand for public services at public cost; in the opinion of staff this criterion is met. 6) Compatible with the surrounding area, as the area is used both presently and as it is planned to be used in the future; the development of the property for residential use and the reduced rescue bench is compatible and consistent with the neighborhood and surrounding uses. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the development of the property for residential use is compatible and consistent with the neighborhood and surrounding uses. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; in the opinion of staff this criterion is met. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; the request includes grading and filling within the 100-year floodplain and it shall be reviewed by Minnehaha Creek Watershed District (MCWD). The proposed reduction of the rescue bench will not have an adverse impact on the neighborhood. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The project should not result in undesirable views or sustained activity such as disturbing neighbors. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The applicants will be required to adhere to the City’s erosion control regulations as well as the permitting requirements of the MCWD. Timely re-vegetation and stabilization will be a requirement of the permitting process. The project should not result in a nuisance condition. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; the applicant will be required to keep debris off of the public roadways; a haul route should be provided. The noise resulting from the trucks and equipment moving the material in and around the site should be minimized to the extent possible. The project will be evaluated and monitored by the City Engineer and planning staff to minimize nuisances during the project. 13