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Exhibit C <br />Date Application Received: 12-21-04 <br />Date Application Considered as Complete: 01«4d-OS <br />60>Day Review Period Expires: 03-06-05 <br />FILE W5-3074 <br />6 January 2005 <br />Page 1 of 5 <br />To:Chair Rahn and Planning Commission Members <br />Ron Moorse, City Administrator <br />From: Melanie Curtis, City Planner ||4l^ <br />Date: <br />Subject: <br />January 6,2005 <br />05-'*0?^, Sean & Melissa Wambold, 1379 Park Drive <br />• After-the-Fact Variance and Conditional Use Pennit <br />- Public Hearing <br />Zoning District: <br />Lot Area: <br />LR-1B, One Family Lakeshore Residential, l-acre/140* <br />1.3 acre (56,845 s.f.) <br />Application Summary: The applicants are requesting afler-the-fact approval for <br />hardcover variances within the 0-75 ’ setback and the 75 ’ - 250’ setback and a conditional <br />use permit for retaining walls and grading within 75 ’of the lake which was conducted by <br />a previous owiier without proper City permits.________________________________ <br />Staff Recommendation: Planning Staff recommends removal of the hardcover in the 0- <br />75 ’ zone and 75 ’-250’ zones that is not strictly necessary for lake access or slope <br />stability.____________________________________________________________ <br />Pertinent Zoning Ordinance Sections <br />Sec. 78-966. <br />Land Alteration; Prohibited. It is unlawful for any person to build, alter or repair any <br />seawall, retaining wall or otherwise change the grade or shore of lakeshore property <br />without a conditional use pennit issued by the Council. <br />Sec. 78-1250. Conditional uses. <br />Conditional uses allowable within shoreland areas shall be subject to the review and <br />approval procedures and criteria and conditions for review of conditional uses established <br />in this chapter. The following additional evaluation criteria and conditions apply within <br />the shoreland overlay district: <br />1. Evaluation criteria. A thorough evaluation of the water LoJy and the topographic, <br />vegetation and soils conditions on the site must be made to ensure: <br />a) The prevention of soil erosion or the possible pollution of public waters, both <br />during and after construction; <br />b) The visibility of structures and other facilities as viewed from public waters is <br />limited; <br />c) The site is adequate for water supply and on-site sewage treatment; and <br />d) Tiie types, uses and numbers of watercraft that the project will generate are