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Lake Access Lot CUP <br />Page 2 <br /> <br />show only two parking spots and make the parking area smaller. The parking area shall be <br />asphalt. <br /> <br />3. BACKGROUND: <br /> <br />The property was platted as a lot within the Woods of Bald Eagle development. At that time this <br />property was deemed unbuildable. There are significant wetlands on the property and in order to <br />make the property buildable for a home site some wetlands would need to be filled. The <br />applicant is not proposing to fill any wetlands with the lake access lot. <br /> <br />3. CONTEXT: <br /> <br />A. Surrounding Land Use and Zoning <br /> <br />The property is guided for Low Density Residential in the 2030 Land Use Plan. The properties to <br />the north, east, and south are zoned Single Family Detached Residential (R-3) and are occupied <br />by single family homes or are vacant. To the west of the property is Bald Eagle Lake. <br /> <br />B. Natural Characteristics of Site <br /> <br />There are significant wetlands on the property. A portion of the property is within the floodplain <br />and there is small area of upland along the east property line. <br /> <br />4. ANALYSIS OF CONDITIONAL USE PERMIT: <br /> <br />A. Level of City Discretion in Decision-Making <br /> <br />The City’s discretion in approving or denying a conditional use permit is limited to whether or <br />not the proposed application meets the standards outlined in the City’s Comprehensive Land Use <br />Regulations. If it meets these standards, the City must approve the conditional use permit. <br /> <br />B. Conditional Use Permit <br /> <br />The Planning Commission must review the application for a conditional use permit with the <br />standards provided in Section 90-37 of Zoning and Land Use Regulations. Staff used these <br />standards to review the application and found that the request meets all applicable standards as <br />follows: <br /> <br />1. The proposed use is permissible by law. <br /> <br />The proposed use is permissible by law. <br /> <br />2. The proposed use is keeping with the spirit and intent of the ordinance. <br /> <br />The spirit and intent of the ordinance is to allow a lake access lot with a conditional use permit as <br />long as all other code requirements are meet. A lake access lot will allow a dock to access the <br />lake without a home being built on the property. The property is unbuildable for a single family