05-19-2008 Planning Commission Packet

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5� , s l � � ' Date Application Received: 4/22/08 Date Application Considered as Complete: 4/22/08 60-Day Review Period Expires: 6/21/08 � To: Chair Kempf and Planning Commission Members From: Evelyn Turner, City Planner . . • Date: May 19,2008 � , Subject: #08-3359 Herb Baldwin on behalf of David and Elizabeth Weyerhaeuser, 1540 Fox Street � � - Conditional Use Permit -Public Hearing , � � -----------------------------------------------------------=-----------=----------- Zoning District: RR-1B (2 acres) . � Lot Area: 5.49 acres acre - Lot Width: 400 feet Application Summary: The applicant requests a land alteration permit to create an area � - for construction of a s ort court. � Staff Recommendation: Planning Department Staff recommends approval. Pertinent Zoning Ordinance Sections , - � 78-966 Land Alteration (a) �It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: � (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. . (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. � Sec. 78-911. Purpose. In order to give the district use regulation the flexibility necessary to achieve the objectives - of this chapter, in certain districts, conditional uses are permitted, subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may under some circumstances be suitable. When such circumstances _ exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit, and a periodic review of the permit may be required. The permit shall be issued for a particular use and not for a particular person. Because of their unusual characteristics, conditional uses require consideration so they may be located properly with respect to the objectives of this chapter and the comprehensive municipal plan and wifh respect to their effects on surrounding properties. In order to achieve these purposes, the council is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon the granting of these permits.