11-19-2012 Planning Commission Packet

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i � FILE#12-3584 " 14 November 2012 ' Page 2 of 4 In order to satisfy requirements of the Minnehaha Creek Watershed District Permit(MCWD)the - � applicant brought in an�additional 6 inches of top soil fill over the disturbed areas. The applicant �did not obtain a permit from the City for this new activity. This additional fill was not part of the original zoning permit and as the cumulative amount of fill imported to the site now exceeds 500 cubic yards the applicant is asking for an after-the-fact conditional use permit (CUP) as required by City Code. LOT ANALYSIS WORSHEET ------------------------------------------------------------------------------------ Lot Area/Width: RR-16 Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 129,994 s.f. (2.98 acres) 330' Conditional Use Permit Review Section 78-966(a)(2) indicates that landowners must obtain a CUP from the City prior to engaging in activities that include fill to elevate or alter the existing natural grade. By code, conditionally permitted uses must be reviewed using the criteria found in Section 78- 916. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 (i.e.78-966 thru 78-968) of the City Code; (3) Adequately served by police,fire, roads,and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise,glare,vibration,odors,fumes, ' dust,electrical interference,general unsightliness,or other means; (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion,or unsafe access; (13) Designed to take into account the natural,scenic,and historic features of the area and to minimize environmental impact;