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, <br /> FILE#17-3928 <br /> 17 April 2017 <br /> Page 2 of 4 <br /> (3) For movement of more than 500 cubic yards of material within the Shoreland <br /> Overlay District, conditional use permit approval by the city council is required in <br /> addition to the required land alteration permit. <br /> Conditional Use Permit(Section 78-916) <br /> The Planning Commission may recommend and the Council may grant a Conditional Use <br /> Permit(CUP) as the use permit was applied for or in modified form. On the basis of the <br /> application and the evidence submitted,the city must find that the proposed use at the <br /> proposed location is or will be: <br /> 1) Consistent with the community management plan; The intent for the proposed <br /> grading is residential in nature,is consistent with the permitted uses for the <br /> property,and is compliant with the zoning code and comprehensive plan. <br /> 2) Compliant with the zoning code, including any conditions imposed on specific uses as <br /> required by article V, division 3 of the City Code; The proposed grading is residential <br /> in nature which is consistent with the permitted uses for the property. <br /> 3) Adequately served by police,fire, roads, and stormwater management;This <br /> statement is true. <br /> 4) Provided with an adequate water supply and sewage disposal system; This <br /> statement is true. <br /> 5) Not expected to generate excessive demand for public services at public cost; This <br /> statement is true. <br /> 6) Compatible with the surrounding area as the area is used both presently and as it is <br /> planned to be used in the future; This criteria relates to whether the proposed grades <br /> resulting from the earth moment are appropriate and in character with the <br /> surrounding land and neighborhood. Staff believes the re-grading of the property will <br /> be more in conformance with the neighborhood and will provide a smoother <br /> transition from one property to the next. Once completed,the grading will have no <br /> impact on surrounding lands. The grades,once vegetated and landscaped should not <br /> have an adverse impact on the neighborhood. <br /> 7) Consistent with the character of the surrounding area, unless a change of character <br /> is called for in the community management plan; The proposed grades will help to <br /> facilitate stormwater runoff down property lines,and not toward adjacent <br /> properties as is the current condition.The proposed grades should not result in a <br /> negative impact to neighboring properties. <br /> 8) Compatible with the character of buildings and site improvements in the surrounding <br /> area, unless a change of character is called for in the community management plan; <br /> The applicant is proposing to re-grade the property to facilitate a first floor garage <br /> where a tuck under garage is the existing condition,as well as improve Stormwater <br /> management. It is likely adjacent lakeshore properties will not be impacted. The <br /> grading will be reviewed and monitored closely by the City's engineer to assure that <br /> all existing drainage patterns are maintained and adjacent properties are not <br /> adversely impacted. <br /> 9) Not expected to substantially impair the use and enjoyment of the property in the <br /> area or have a materially adverse impact on the property values in the area when <br /> compared to the impairment or impact of generally permitted uses; This standard <br /> requires that the proposed grading and improvements must not substantially <br /> impair the use and enjoyment of the properties in the area or have an adverse <br />