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�i <br /> EOty lk REQUEST FOR ACTION <br /> River <br /> TO ITEM NUMBER <br /> Mayor and City Council 10.3 <br /> AGENDA SECTION MEETING DATE PREPARED BY <br /> Work Session June 17, 2013 Jeremy Barnhart,Deputy Director, <br /> CODD <br /> ITEM DESCRIPTION REVIEWED By <br /> Discuss Bitner Conditional Use Permit Cal Portner, City Administrator <br /> REVIEWED BY <br /> ACTION REQUESTED <br /> Provide direction to staff regarding the response to the complaint receieved. <br /> BACKGROUND/DISCUSSION <br /> The city received a complaint regarding the condition of the driveway that serves Dean Bitner's <br /> contracting business at 10337 Twin Lakes Road. The driveway is provided by an easement through the <br /> adjacent property, owned by Jerry Kunza. Mr. Kunza has grown frustrated with the condition of this <br /> shared driveway, and feels much of the burden to repair and maintain the driveway is due to the heavy <br /> machinery used by Mr. Bitner. The easement was created in 2000 does not include a maintenance <br /> provision. <br /> A similar issue was raised in 2005, and the city determined that the issue of shared driveway maintenance <br /> is a civil issue, to be resolved by the parties,not the city. <br /> This remains true,however, the Council could determine that the standards for issuance are not being <br /> maintained,in particular item a. (5) below,in bold. <br /> Sec. 30-654. Standards for issuance. <br /> (a) Required findings. The planning commission shall recommend a conditional use permit <br /> and the council shall order the issuance of such a permit only if it finds that such use at the <br /> proposed location: <br /> (1)Will not endanger, injure or detrimentally affect the use and enjoyment of other <br /> property in the immediate vicinity or the public health, safety, morals, comfort, <br /> convenience or general welfare of the neighborhood or the city. <br /> (2)Will be consistent with the comprehensive plan. <br /> (3)Will not impede the normal and orderly development and improvement of <br /> surrounding vacant property. <br /> (4)Will be served adequately by and will not adversely affect essential public facilities <br /> and services including streets, police and fire protection, drainage, refuse disposal, <br /> water and sewer systems, parks and schools; and will not, in particular, create traffic <br /> P o w E a E U a r <br /> ATURE <br />