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FILE # LA22-000051 <br />21 Nov 2022 <br />Page 2 of 5 <br /> <br /> <br />construction. At that time the property owner made unapproved changes to the landscaping plan <br />for the project involving vegetation alterations, and expansion of the approved sand beach area; in <br />addition, the property owner installed unapproved hardcover within the 75-foot setback. City staff <br />coordinated with the MCWD and the owner to bring the property into compliance. The property <br />owner was informed about the strict hardcover limitations within the 75-foot setback and the <br />hardcover was removed. <br /> <br />In July 2022, the final as-built survey and final site inspection for the new home showed the <br />approved driveway installed and in compliance with the approved building permit. The recent <br />hardcover expansions were installed after the resolution of the above-noted violations and after the <br />building permit was closed. <br /> <br />Practical Difficulties Analysis <br />Applicant Submittal Information: The applicant has identified lot size and shape and safety as <br />practical difficulties supporting the requested driveway variance. The applicant has not addressed <br />the additional hardcover variances associated with the fire pit patio areas. They have provided <br />supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked <br />for additional testimony regarding the application. <br /> <br />Planning Staff Practical Difficulty Analysis: This is a newly created lot; the property was platted in <br />2018 under our current regulations. The plans submitted for the 2020 building permit for the home <br />for the current owner provided the allowed driveway access permitted by the Code within the 75- <br />foot setback. The home and driveway were designed to comply as much as feasible with the zoning <br />codes. Staff does not find practical difficulty supporting any of the after-the-fact hardcover setback <br />variances. <br /> <br />LOT ANALYSIS WORKSHEET <br /> <br />Section 78-350 & 78-1279 – Setbacks: <br />The parking area is situated 31 feet from the OHWL where a 75-foot setback is required. <br />Additionally, it exceeds the 8-foot permitted width of an allowed driveway encroachment within the <br />75-foot setback (Cite 78-1282). Two new patio areas have also been installed without permits, 43 <br />feet and 50 feet from the OHWL (within the 75-foot setback) where patio hardcover is not <br />permitted. <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br />The overall property hardcover is conforming at 16.7%, the new hardcover within the 75-foot <br />setback brings the property out of conformance. <br /> <br />Based on the submitted as-built calculations and the as-built survey, there is approximately 3,686 <br />square feet of hardcover within the 75-foot setback. This calculation reflects 3,029 square feet of <br />unapproved hardcover on the property. The building permit-approved hardcover level within the <br />75-foot setback was 657 square feet. <br /> <br />Stormwater <br />Overlay District <br />Tier <br />Total Area in <br />Zone <br />Allowed <br />Hardcover <br />Existing <br />Hardcover <br />Proposed <br />Hardcover <br />Tier 1 62,013 s.f. 15,503 s.f. <br />(25 %) <br />7,660 s.f. <br />(12.6%) <br />10,949 s.f. <br />(16.7%)