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l� <br /> � " 't <br /> FILE#15-3716 <br /> 8 June 2015 <br /> Page 2 af 4 <br /> Background <br /> In June 2014 the property owners received approval af a conditional use permit(CUP)to import <br /> approximately 10,000 cubic yards of fili to the site. This grading was to create both a level <br /> paddock for their horses west of the barn and a more gradual slope from the barn to the <br /> wetland to ease in planting a crop. During the course of the project the amount of material <br /> imported to the site exceeded the approved amount by appraximately 7,000 cubic yards. The <br /> property owner has provided a revised plan which addresses the additional fiEl brought to the <br /> site and further requests approval in order to import approximately 3,000 cubic yards more to <br /> complete the project. Approval of an after-the-fact amended CUP is requested. <br /> As a result of the previous phase of this project the adjacent property owner provided <br /> comments from a third party engineer on the grading plan that had been (previously}proposed. <br /> The neighbors may have additional comments to provide at the public hearing;however the <br /> City's engineer has reviewed and provided comments regarding the revised p�an wh9ch we <br /> believe addresses the concerns raised by the neighbors. <br /> ------------------------------------------------------------------------------------ <br /> Condttional Use Permit <br /> The applicant has provided a plan which contemplates lessening the degree of the slope from <br /> the west side of the barn down to the wetland. Their intent is to plant crops over the newly <br /> graded slopes. <br /> City Code 5ection 78-965(a)(2) indicates that a CUP is required prior to engaging in activities that <br /> elevate or alter the existing natural grade. By code, canditional permitted uses must be <br /> reviewed using the criteria found in Section 78-916. The city must find that the proposed use at <br /> the proposed location is or will be: <br /> (1} Consistent with the community management�lan; <br /> (2) Compliant with the zoning code, inciuding any conditions imposed �n specific uses as <br /> required by article V,division 3 (i.e. 7&966 thru 78-968)of the City Code; <br /> (3) Aciequately served by police,fi�e,roads,and stormwater management; <br /> (4) Provided with an adequate water supply and sewage disposal system; <br /> (5) Not expected to generate excessive demand for public services at public cost; <br /> (6) Campatible with the surrounding area as the area is used both presently and as it is <br /> planned to be used in the future; <br /> (7) Consistent with the character of the surrounding area, unless a change of character is <br /> called for in the community management plan; <br /> {8) Compatible with the character of bufldings and site improvements in the surrounding <br /> area, unless a change of character is called for in the community management plan; <br /> {9) Not expected to substantially impair the use and enjoyment of the property in thg <br /> area or have a materiafly adverse impact on the property values in the area when <br /> compared to the impairment or impact of generally permitted uses; <br /> (10) Provided with screening and buffering adequate to mitigate undesirable �iews and <br /> activities likely to disturb surrounding uses; <br /> (11) IVot create a nuisance which generates smoke, noise, glare, vibraiion, odors, fumes, <br /> tfust,electrical interference,generai unsightliness, or other means; <br />