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FlLE#04-2982 <br />27 February 2004 <br />. Pago 1 of 4 <br />Date Application Received: 01-12-04 <br />Date Application Considered as Complete: 02*23*04 <br />60-Day Review Period Expires: 04-24-24 <br />To:Chair Smith and Planning Commission Members <br />Ron Moorse, City Administrator <br />From: Melanie CurtiSt City Planner <br />Date: <br />Subject: <br />February 27,2004 <br />#04-2982, Lyle & Claryce “Corky ” Johnson, 1398 Rest Point Rd, <br />-After-the-fact Variance <br />- public hearing <br />Zoning District: <br />Lot Area: <br />LR-IB, Single Family Lakeshore Residential, 1 acre <br />0.24 acre (10,700 s.f.) <br />Application Summary: Applicants are requesting after-the-fact hardcover variances <br />within both the 0-75’ and 75’-250’ zones, and an after-the-fact lake setback variance for a <br />lakeside deck. ___ ______________ <br />Staff Recommendation: Planning Staff recommends denial of the after-the-fact <br />variance requests. <br />Hardship: Staff could find no hardship for granting the after-the-fact variance requests. <br />Pertinent Zoning Ordinance Sections <br />Sec. 78-1288. Hard cover limitations. <br />(a) No hard cover or impervious sur face shall be placed, located or <br />constructed within 75 feet of the ordinary high water level of any lake or tributary, except <br />for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. <br />(b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than <br />25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no <br />greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there <br />shall be no greater than 35 percent hardcover. <br />Sec. 86-66. Permit Required. <br />It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, <br />remove, convert, or demolish any building or structure, or any part or portion, including <br />but not limited to the general construction, plumbing, water well, on-site sewage <br />treatment system, wood stoves and fireplaces, ventilating, heating or air conditioning <br />systems, or cause such work to be done, without first obtaining a separate building or <br />general permit for each such building, structure or separate component from the city. <br />(Code 1984, § 12.02) <br />d