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. L <br /> FILE 08-3359 'i <br /> May 19,2008 <br /> Page 2 of 2 <br /> Sec. 78-916. Granting of permit. � <br /> (a) The planning commission may recommend and the council may grant a conditional use , <br /> permit as the use permit was applied for or in modified form, if on the basis of the <br /> , application and the evidence submitted the city makes the following findings: � <br /> . (1) That the proposed location of the conditional use is in accord with the objectives <br /> . of this chapter and the purposes of the district in which the site is located and the <br /> comprehensive municipal plan; <br /> (2) That the proposed location of the conditional use and the proposed condition <br /> � under which it would be operated or maintained would not be detrimental to the <br />� public health, safety or welfare, or materially injurious to properties or irnprovements <br /> in the vicinity; and <br /> (3) That the proposed conditional use will comply with each of the applicable <br /> . provisions of this chapter. . <br /> List of Exhibits <br /> A. Application • � <br /> B. Area Map � � <br /> C. Site/Grading Plan . � <br /> D. Site/Grading Plan Detail . <br /> , � E. City Engineer's Review � <br /> Background � <br /> The applicant proposes a combination of cut and fill to provide a level area for a 30 foot by � <br /> 60 foot sport court. The sport court would be located in front of the house about 600 feet <br /> from Fox Sireet, 320 feet from the east�property boundary and 250 feet form the west <br /> boundary. • �. <br /> Issues for Consideration . <br /> The project will trigger the requirement that a 35 foot buffer be created adjacent to the <br /> wetland and the buffer and wetland projected with an easement and covenant. The grading <br /> will be about 100 feet from the wetland at its closest point. " <br /> � The sport court would be screened from Fox Street and adjacent properties by trees. <br /> Are there any other issues or concerns with this application? � , <br /> Staff Recommendation . <br /> Planning Staff recommends approval subject to: <br /> 1. The grading plan being revised to the satisfaction of the City Engineer prior to <br /> Council consideration of the application. � <br /> 2. Compliance with wetland regulations. <br />