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• • #05-3135 3165 North Shore Drive January 12,2006 Page 4 Conditional Use Permit Analysis The applicants have proposed to incorporate approximately 2350 cubic yards of fill on the west side of the proposed home. The Shoreland Overlay District requires that a conditional use permit be reviewed for any fill in excess of 500 cubic yards outside the 0-75' zone. Zoning Ordinance Section 78-1250 provides the following evaluation criteria for requested conditional uses within the Shoreland Overlay District: (1) Evaluation criteria. A thorough evaluation of the water body and the topographic, vegetation and soils conditions on the site must be made to ensure: a. The prevention of soil erosion or the possible pollution of public waters, both during and after construction; The applicant will not be permitted to grade within 75' of the lake and a silt fence inspection will be required prior to any site grading. Because the proposed fill will be placed on the street side of the proposed home, staff feels there isn't any greater risk of possible pollution to the lake. b. The visibility of structures and other facilities as viewed from public waters is limited; The views from the lake will not be significantly affected by the proposed fill to be placed on the west side of the lot. c. The site is adequate for water supply and on-site sewage treatment; and Not applicable as the site is served with municipal sewer. d. The types, uses and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. Not applicable. The need for the fill arises from the applicant's desire to control drainage while creating a walkout situation allowing the primary entrance at the upper level of the 2-story home. The existing relatively flat rear yard will be raised as much as 10'. Some fraction of this fill will act to restore grades that existed at the base of the slope prior to construction of the existing house in the 1960s. The visual effect of the proposed fill is that while the views from the lake will be minimally impacted, views from surrounding properties will be somewhat impacted from the northerly driveway entering into the site; the grade here will be dramatically raised with a "straight-in" buried garage below a steep (10%) driveway that winds around the buried garage to an upper level circle drive partially over the buried garage. The City engineer and staff have worked with the applicant's architect to identify and resolve issues with site drainage. As of this writing, a number of issues have been raised by the City Engineer that must still be addressed: 1) Grading on the neighboring property to the northeast is proposed to convey drainage across that property. Applicant might consider a lot line rearrangement, but as a minimum will require drainage easements from that neighbor. Applicant has been requested to provide written evidence that this neighbor will cooperate in this regarding plan. This plan should not move forward without such evidence.