06-27-2005 Council Packet - Laserfiche WebLink

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M5-3I00 May 16, ZOOS Page 4 of 5 Staff finds that the precedent has been set regarding approval of the requested area and width variances, llie City routinely reviews these ty^es of requests, and grants them when no other land is available for acquisition and the rnplicant has demonstrated that all other requirements can be met. The lot was legally created prior to adoption of the current zoning standards, which require 1 acre and 140 ’ of width. The applicant has demonstrated that all other zoning standards, such as setbacks, hardcover, structural coverage and average lakeshore setback standards can be met. Staff has reviewed the proposed survey and building elevations and has determined that the house meets the 2 '/z stories and 30* height limitations. Therefore, pending approval of a grading plan, staff would recommend approval of the requested variances. Coaditional Use Permit Analysis Based on Zoning Ordinance Section 78-967 (B) (3), a retaining wall (which requires grading and land alteration) within S’ of a lot line constitutes unusual grading, whereby approval of a conditional use permit is necessary to allow a wall within S’ of a lot line. The current grading plan, preferred by the applicant, proposes a wail ranging in height from 2 ’ -14* running directly adjacent from the northerly side lot line and then wrapping around the lake side of the home. The intention of the wall is to bring all stormwater along the south (high) side of the wall, turn the comer at the house and then direct the water into the swale constructed along the southerly lot line. The City Engineer opinion is that the grading can be accomplished without the need of such a massive wall within S* of a lot line (see comments attached as Exhibit I). It is also staffs opinion that the wall proposed has safety and maintenance issues due to its location on the lot line and a 14* its height at one point, all issues of which must be considered when granting or denying a request for a conditional use permit. An alternate grading plan has been submitted attempting to meet the City Engineer recommendations of the 4-7-05 and 5-5-05 letters attached as Exhibit 1. As the alternate plan was submitted on the date of this report, the City Engineer has not yet provided conunents and staff cannot therefore accept this plan. The building dep it and City Engineer will review this proposed plan prior to the public hearing so th City has a reconunendetion regarding this plan. Should the plan be acceptable as submitted or staff can accept the plan with minor revisions, the Planning Conunission could recommend approval stipulating City Engineer approval of the grading plan prior to Council review. Steep Slopes Zoning Ordinance Section 78-1211 defines steep slopes as “land having average slopes of 12 percent or greater as measured over horizontal distances of 50 feet or more that are not bluffs.** Much of this property is considered steep slopes, which present additional requirements under Zoning Ordinance Section 78-1283 which states; Any applicant requesting a permit for construction of sewage treatment systems, roads, dri'veways, structures or other improvements on steep slopes shall provide adequate information to allow the city to evaluate possible soil erosion impacts and development of visibility from public waters before such permit may be issued When determined necessary, conditions shall be attached to issued permits to prevent erosion and preserve existing vegetation screening of structures. A ■ J