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Date AppHcatioa Received: 9-22-04 <br />Date AppHcattea Conpiete: 11-01-04 <br />(0-Day Review Period Expiration: 01-01-05 <br />REQUEST FOR COUNCIL ACTION <br />Date: December 8,2004 <br />Item No. <br />DapartaieBt Approval: <br />Nana: Melanie Curtis <br />TWat City Planner <br />Administrator Approval:Agenda Section: <br />lien Description: <br />#04-3060 - Michael & Donna Ebertz -1220 Tonkawa Rd - After-the-Fact Conditional Use Permit & <br />Variances <br />Zoning District: <br />Lot Area: <br />LR-IB, One Family Lakeshore Residential, 1 acre <br />1.07 acre (46,710 s.f.) <br />List of EdUbits: <br />A - Revised Plan 12-04-04 <br />B - PC Action Notice dated 11-19-04 <br />C - PC Memo & Exhibits of 11-09-04 <br />ApplicatioB Summary: <br />During September 2004, in an effort to stop the erosion of their lakeshore, the property owners hired a <br />contFKtor to re-grade the lake yard and install boulder rip rap and boulder rock walls without City <br />permits or review. Upon receiving notice that City permits were required, the property owners applied <br />for an after-die-fact hardcover variance and an after-the-fact conditional use permit. <br />Applicants are requesting after-the-fact approval of a conditional use permit in order to construct a <br />boulder wall, re-grade the lake yard and a hardcover variance due to the increase in the hardcover <br />percentage with the square footage from the proposed rock walls. The applicant is proposing to <br />increase the hardcover within the 0-75’ zone from 7.84% to 8.7%. <br />Plmming Commission Recommendation <br />On November 15,2004, Planning Commission voted 5-2 on a motion to approve the afrer-the-fact <br />conditional use permit and deny the afrer-the-fact hardcover variance. The recommendation was to <br />allow the most lakeward wall with concurrent 0-75’ hardcover removals and to deny the addition of <br />any other walls except for those determined by the Engineer to be crucial to the integrity of the lake <br />yard. <br />j