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USE PEWVirr^ michael & donna ebertz , 1220 tonkawa road - conditional <br />Michael and Donna Ebertz, Applicants, were present. <br />(10. 004-3060 MICHAEL <f DONNA EBERTZ, 1220 TONKA WA ROAD, Continued) <br />!llf- i" September the applicants conducted some work on their lot in an elTort to stop the erosion <br />W t^ir lakMhore. A contractor was hired to re-grade the lake yard and install boulder rip-rap and <br />uloN rock walls without City permits or review. The applicants were notified that permits were <br />requir^ arid they have now applied for an after-the-fact hardcover variance and an after-the-fact <br />conditional use permit. <br />The PiMning Commission voted 5-2 on a motion to approve the after-the-fact conditional use permit and <br />deny the after-the-fact hardcover variance. The recommendation was to allow the most lakeward wall <br />with ctmurmt 0-75 ’ hardcover removals and to deny the addition of any other walls except for those <br />determined ^ the Engineer to be crucial to the integrity of the lake yard. Curtis noted the City Engineer <br />has reviewed the current plan and finds it to be adequate. <br />Cur^ stated the applicants have indicated that they are unable to reduce the hardcover in the 0-75* zone <br />m order to maintain the current level. Staff recommends approval of the application subject to concurrent <br />hardcover removals in the 0-7S* zone. <br />Mr. Ebertz s^ he purchased the property in 1999, with the previous owner having placed rip-rap in <br />mt area. Ebertz indicated some erosion had occurred in that area and he was attempting to prevent <br />furtmr erosion. Ebertz stated he was not aware of the need to obtain permits for this work or that <br />teiddera were consider^ hardcover. Ebertz stated in the Y-shaped area they were going to plant some <br />hardy groundcover, noting that this area is not conducive to most vegetation. <br />Sansevere inquired whether the applicants are agreeable with the City Engineer ’s recommendations. <br />Ebertz indicated he is fine with the recommendations, but expressed a desire to possibly remodel or <br />expand the existing residence sometime in the future. Ebertz expressed a concern that this boulder wall <br />would be included as hardcover on the lot <br />Gaffron stated the Council should decide whether the applicants should remove hardcover within the 0- <br />75 zone to compensate for the new hardcover created by the boulder walls. <br />Sansevere inquired whether rip-rap is considered hardcover. <br />^ffron stated boulder walls are counted as hardcover and that rip-rap is normally not allowed nowadays. <br />Gaflron stated the City has consistently considered boulder walls hardcover. <br />Sansevere inquired whether there is any existing hardcover that could be removed. <br />Gaffron ^ed the stairway and deck should probably be retained, but noted there is a little shed that does <br />exist on the property that could be removed. <br />Ebertz stated a small gravel road also exists on the property. <br />Gaffron pointed out the gravel road should have been removed years ago.