3A - Conditional Use Permit for Grading up to 50 Cubic Yards within the Lake Setback, Lopez & Hauck

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Section 11.6, Subdivision 4: A. The following must be met: ~' i. The use or development is an appropriate conditional use in the land use zone. 2. The use or development,with conditions, conforms to the comprehensive land use plan. 3. The use with conditions is compatible with the existing neighborhood. 4. The use with conditions would not be injurious to the public health,safety, welfare, decency,order,comfort, convenience, appearance or prosperity of the City. B. The following must be considered: i. The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminish or impair values in the immediate vicinity. 2. The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. 3. The conditional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 4. The conditional use will have vehicular approaches to the property which are so designed as not to create traffic congestion or an indifference with traffic on surrounding public thoroughfares. 5. Adequate measures have been taken to provide sufficient off-street parking and loading space to serve the proposed use. 6. Adequate measures have been taken or will be taken to prevent or control �- offensive odor,fumes,dust, noise,and vibration,so none of these will constitute a nuisance and to control lights and signs in such a manner,that no disturbance to neighboring properties will result. 7. The conditional use will not result in the destruction,loss or damage of a natural, scenic or historical feature of major significance. 8. The conditional use will promote the prevention and control of pollution of the ground and surface waters including sedimentation and control of nutrients. Findings of Fact: Staff offers the following findings of fact for consideration of the Planning Commission: 1. Grading within the shore impact zone has been conducted. No permit has been obtained. 2. The grading operations have exposed a large area, which remains exposed as bare ground. 3. Minimal methods of erosion control and sediment entrapment have been employed. 4. There are no indications that any fill has been brought to the site. 5. The grading has not involved slopes of 30% or greater. 6. There are no bluff impact zones on the property. 7. There is no fill that has been placed below the OHW. 8. There has been no excavation in the bed of a public water. 9. The proposed excavation would be accessory to the existing dwelling, which is a permitted use. 10. The screening within the shore impact zone on the property has been reduced. City of Pequot Lakes Staff Report 1-3 July 19,2007