04-25-2005 Council Packet - Laserfiche WebLink

Home Browse Search

ii F PC HiMvKf Jfkhi It, m MS-3074 SEAN AND MEUSSA WAMBOLD, 1379 PARK DRIVE, AFTER-THE-FACT VARIANCE AND CONDITIONAL USE PERMIT, 7:20 p.m. - 7:42 p.m. Sean and Melissa Wambold, Applicants, were present. Curtis stated the applicants have recently purchased the property located at 1379 Park Drive and were notined foltowing the purchase that the retaining walls and hardcover were installed by the previous owner without proper city permits. The applicants* intent is to do some remodeling in the future and they would like to bring the property into compliance. Curtis noted a memorandum from Bruce Vang is included within the flic providing some background on this project. Curtis indicated the prior owner had proposed to do limited grading in the 0-7S’ zone. He was advised by the City to also contact the MCWD. City Staff later discovered that work had been completed. The potential buyers contacted staff regarding the City’s issues with the property. While there was no information regarding any violations in the file at the time of the inquiry, Staff did advise the applicants of the issues as soon as they became known, but in the interim the applicants had purchased the property. The applicants are requesting after-the-fact approval for hardcover variances within the 0-7S’ setback and the 7S'-2S0* setback and a conditional use permit for retaining walls and grading within 75* of the lake that was conducted by the previous owner. Staff finds that there is no hardship inherent to the land to justify granting the conditional use permit for the grading or a variance for this type or amount of hardcover within 75* of the lake. City Code provides properties with steep slopes a stair access to the lake yard rather than conducting extensive topographic alterations. With the exception of the two graded walkways, a majority of the boulder hardcover is strictly aesthetic. It is Staffs opinion these graded walkways are unnecessary as a partial stair system currently exists and would only need to be extended for lake access. Curtis stated additions of boulder borders and related non-structural hardcover in the 75*-250* zone would not have required a City permit; although this installation places the 75*-250* zone out of hardcover compliance. Curtis indicated the grading and hardcover additions in the 0-75* zone bring the entire (MS-3074 Sean and Mdissa WamboM, Coatinned) property’s hardcover status under review. Since the additions of the boulder borders and flagstone patio areas have increased the hardcover level above the permitted amount within the 75*-250* zone, the Planning Commission should discuss whether or not to grant a variance to allow the current level or recommend removal of the I.5S7 square feet of coverage. Staff recommends removal of the hardcover in the 0-75* zone and 75*-250* zone that is not strictly necessary for lake access or slope stability as well as removal of the boulder borders that cross the property line. Mr. Wambold indicated they closed on the property October 15*^ and were contacted by a realtor shortly thereafter regarding some hardcover and setback issues. Wambold stated to their knowledge the prior owners are in Arizona somewhere and they probably would not be able to locate them. J