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5. <br />m-. <br />. ^ A* <br />The Planning Commission reviewed this application at a public hearing <br />held.on.November~.lS, 2004.and recommended approval of hardcover <br />variances and a conditional use permit based on the following findings: <br />a. The square footage of the new retaining wall within the 0-75’ zone is <br />134s.f. <br />b. The applicants have agreed to remove a gravel path to the lake <br />consisting of 800 s.f. of nonconforming hardcover within the 0-75’ <br />zone. <br />c. The retaining walls within the 0-75’ zone will assist in reducing <br />erosion of the property’s lake yard slope. <br />d. The total reduction in hardcover for the 0-75’ zone as a result of this <br />approval is 666 s.f. for a total 0-75’ zone hardcover level of 2,781 s.f. <br />or 8.3%. <br />e. The 0-75’ retaining walls should be shielded from views from the lake <br />by vegetative screening. <br />The City Council has considered this application including the findings <br />and reconunendation of the Planning Commission, reports by City staff, <br />comments by the applicants and the public, and the effect of the proposed <br />variances and conditional use permit on the health, safety and welfare of <br />the community. <br />The City Council finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variance and conditional use permit would not <br />adversely affect traffic conditions, light, air nor pose a fire hazard or other <br />danger to neighboring property; would not merely serve as a convenience <br />to the applicants, but is necessary to alleviate a demonstrable hardship or <br />difficulty; is necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and intent of the <br />^ning Code and Comprehensive Plan of the City. <br />Page 2 of 6