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L #05-3113 June 20.2005 Page 2 ora of the shoreline, on steep slopes or within the bluff impact zone within the shoreland overlay district is prohibited. Limited clearing of shrubs and trees less than six inches in diameter and cutting, pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lockboxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (Oitl. No. 101 2nd series, § 1(10.56(16X1)), 2-24-1992; Ord. No. 127 2nd series, § 7, 7- 11-1994) Background The applicant appeared before the Planning Commission on November 15, 2004 and the City Council on November 22, 2004 and December 13, 2004 in conjunction with a hardcover variance request to construct an addition to the existing home. A site inspection was performed prior to the applicant appearing before the Planning Commission. During the site inspection staff discovered that the bluff area, within 75’ of the lake, had imdergone extensive vegetation removal in the form of tree cutting. While it was observed that no trees greater than 6 ” in diameter were cut, the amount of vegetation removal reached the level of “intensive vegetation clearing’’ which is prohibited by City Code Section 78-1285 (b). When this violation occurs the owner is responsible to submit a restoration plan for {q>proval by the City Council. Because the cutting was not observed and staff “stumbled” across it during a site inspection for an un related issue, rather than hold up the variance approval already in process staff determined that it may be better for all parties involved to address the violation at the time the house addition was completed. This way the applicant could move forward with the addition ^lile having almost a year to put together a restoration plan to correct the existing violation. The qiplicant has now hired Natural Environments Corp. to apply for a conditional use permit to correct the intensive vegetation removal violation and has also included construction of a new lake access stairway. Conditional Use Permit Analysis The City Engineer has reviewed the plans and has indicated additional information is needed in order to verify the structural integrity of the existing walls the applicant wishes to keep. All engineering conunents are attach^ as Exhibit E. The applicant was notified of the City Engineer request for additional information but would rather proceed with the plans as submitted. Staff has expressed the following concerns with regard to the proposed plan: While the risers and handrail of the existing stairway have been removed on the plan, the outer structure of the staircase remains in place. The Zoning Ordinance allc' rs for the hardcover and structure for one access to the lake. With the new