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if <br />!! <br />‘ .••• <br />I <br />FILEMM-3060 <br />9 November 2004 <br />Page 1 of 4 <br />Date Appikaiion Received: 09-22-04 <br />Date Application Coniidered at Complete: 1 t-OI-04 <br />60>Day Review Period Eipiret: 01-41-tlS <br />To:Chair Rahn and Planning Commission Members <br />Ron Moorse, City Administrator <br />From: <br />Date: <br />Melanie Curtis. City Planner <br />November 9,2004 <br />Subject:04-3060, Michael & Donna Ebertz, 1220 Tonkawa Road, <br />• After-the-fact variance and conditional use permit request <br />• Public hearing <br />Zoning District: <br />Lot Area: <br />LR-IB, Single Family Lakeshore Residential, 1 acre <br />1.07 acre (46,710 s.f.) <br />AppUcatUm Summary: Applicant is requesting after-the-fact approval for the following; <br />1. A conditional use permit in order to construct a boulder wall, re-grade the lake yard. <br />2. A hardcover variance is also necessary due to the change in the hardcover percentage <br />proposed. The applicant is proposing to increase the hardcover within the 0-7S’ zone <br />fiom 7.84% to 8.7%. <br />Staff Recommendation: Staff recommendation is for approval of the application subject <br />the following: <br />1. Submittal of a plan which shows the elimination of the upper tier of walls to the <br />greatest extent possible; and <br />2. Compliance with the City Engineer's recommendations; and <br />3. Any additional conditions or revisions Planning Commission may wish to add._____ <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 permit 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 body 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 />1