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08-08-2022 Council Packet
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08-08-2022 Council Packet
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Date Application Received: June 22, 2022 <br />Date Application Considered as Complete: June 22, 2022 <br />60-Day Review Period Expires: August 21, 2022 <br /> <br /> <br />To: Chair McCutcheon and Planning Commission Members <br /> Adam Edwards, City Administrator <br /> <br />From: Laura Oakden, Interim Community Development Director <br /> <br />Date: July 18, 2022 <br /> <br />Subject: #LA22-000038, Dennis Walsh, 1354 Rest Point Circle, Variance, Public Hearing <br /> <br /> <br />Background <br />The property has an existing timber retaining wall that is failing. Pursuant to City Code 78- <br />1726(6), an emergency slope repair request was approved at the City Council on June 27, 2022 <br />to address the wall failure (Resolution 7273, Exhibit C). The applicant has proposed to construct <br />a new retaining wall directly in front of the existing wall to create the required support for the <br />existing slope. The repair creates a new footprint expansion within the 75’ lakeyard. The <br />applicant’s engineer provided drawings and an analysis stating the slope failure is imminent <br />without the proposed project. The applicant has applied for a building permit to construct the <br />wall. The project is shown to cross over the property boundary onto 1366 Rest Point Circle. The <br />owners of 1366 Rest Point Circle have provided an email of approval for the work to be <br />completed within their property, Exhibit F. <br /> <br />Practical Difficulties Analysis <br />Applicant Submittal Information: The applicant has identified the failing retaining wall and <br />protection of the hill side as practical difficulties supporting the requested variance. <br />Additionally, they have provided supporting documentation regarding Practical Difficulties <br />attached as Exhibit B, and should be asked for additional testimony regarding the application. <br /> <br />Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds the existing <br />conditions of the retaining walls and the hillside are practical difficulties which support the <br />variance request. The new retaining walls would support and protect the slope. Staff would <br />recommend additional screening of the walls to preserve the natural vegetated view from the <br />lake. <br /> <br />LOT ANALYSIS WORKSHEET <br />Section 78-1279 – Setbacks: <br />The existing retaining walls are tiered down the slope to create stair access and support the <br />hillside of the property. The bottom wall is located approximately 6 feet from the OHWL. The <br />proposed retaining wall repair will be located one foot in front of the existing wall creating an <br />estimated 5 foot setback from the lake. No retaining walls are permitted within the 75 foot <br />Application Summary: The applicant is requesting a variance to construct a new retaining wall <br />with minor footprint expansions within the lakeyard setback. <br />Staff Recommendation: Planning Department Staff recommends approval.
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