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LA19-000060 <br />9/16/2019 <br />/Page 3 of 3 <br /> <br />A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, <br />a CUP shall remain in effect as long as the conditions imposed by the City Council are <br />observed, but nothing in this section shall prevent the city from enacting or amending official <br />controls to change the status of conditional uses. <br /> <br />Conditional Use Permit Analysis <br />Staff finds the proposed plans meet the conditions for filling in the floodplain. The applicant is <br />mitigating the work by creating more floodplain area within the property. They are also raising <br />the floor of the garage to place the building above the floodplain elevation. The applicant is <br />working to place the building within the required setbacks leaving them minimal options to work <br />outside the floodplain. <br /> <br />Engineer Comments <br />The City Engineer reviewed the proposed plans and has the following comments: <br />1. Sediment erosion control measures should include a double silt fence due to proximity to a <br />protected waterway. <br />2. MCWD Permit - The applicant will be required to obtain Minnehaha Creek Watershed District <br />(MCWD) approval and permitting for their Erosion Control and floodplain alteration rules. A <br />copy of any approvals or permits required should be submitted prior to issuance of the <br />permit. <br />3. Any material materials deposited or stored in the floodplain must be protected from <br />erosion by vegetative cover, mulching, riprap or other acceptable method <br /> <br />Public Comments <br />To date, no public comments have been received. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that that the property owner proposes to use the <br />property in a reasonable manner which is not permitted by an official control? <br />2. Does the Commission find it necessary to impose conditions in order to mitigate the <br />impacts created by the granting of the requested variance(s)? <br />3. Are there any other issues or concerns with this application? <br /> <br />Planning Staff Recommendation <br />Planning Staff recommends approval of the proposed conditional use permit and meeting the City <br />Engineer’s Comments. <br /> <br />List of Exhibits <br />Exhibit A. Application <br />Exhibit B. Proposed Survey/Site Plan <br />Exhibit C. Proposed Plans and Elevations <br />Exhibit D. Submitted Hardcover Calculations <br />Exhibit E. Property Owners List and Map <br />