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* « <br />#040002 <br />May 17.2004 <br />Page 1 of 4 <br />Date Application Received: 3>17-04 <br />Date Application Considered as Complete: 3>17-04 <br />60-Day Review Period Expires: S-16-04 extended to 7-15-04 <br />To:Chair Mabusth and Planning Commission Members <br />Ron Moorse, City Administrator <br />From; <br />Date: <br />Janice Gundlach, City Planner <br />May 4,2004 <br />/ <br />/A <br />Subject:#04-3002, G & L Land Investment, LLC, 740 North Arm Drive <br />- Variance Denial, Conditional Use Permit <br />- Public Hearing <br />Zoning District: <br />Lot Area: <br />Lot Width: <br />LR - IB One Family Lakeshore Re'sidential District (I acre min.) <br />0.81 acres (35,400 s.f.) <br />153 ’ at Shoreline; 134 ’ at 75 ’ Setback <br />Application Summary: The applicants have agreed to remove the boathouse, and arc <br />requesting to amend their original variance request, to a conditional use pcmiit to allow <br />land alterations within 75 ’ of the 929.4’ elevation of Lake Minnctoidca. The applicants <br />will be removing the existing boathouse and restore the existing slope, including the <br />construction of boulder retaining walls and vegetative cover. <br />Staff Recommendation: Staff recommends approval of the CUT application with the <br />following conditions: <br />1. The boathouse will be removed at the time the residence is removed. <br />2. Adherence to the recommendations of the City Engineer regarding the retaining wall <br />bank restoration project.______ <br />Pertinent Zoning Ordinance Sections <br />Sec. 78-966. Prohibition. <br />(a) It is unlawful for any person to perform or have performed the following land <br />alteration activities without a conditional use permit issued by the council: <br />(3) Build, alter or repair any seawall or retaining wall, or otherwise change the <br />grade or shore of lakeshore property. <br />Sec. 78-1250. Conditional uses. Conditional uses allowable within shoreland areas shall <br />be subject to the review and approval procedures and criteria and conditions for review of <br />conditional uses established in this chapter. The following additional evaluation criteria <br />and conditions apply within the shoreland overlay district: <br />(1) Evaluation criteria. A thorough evaluation of the water body and the <br />topographic, vegetation and soils conditions on the site must be made to <br />ensure: <br />a. The prevention of soil erosion or the possible pollution of public <br />waters, both during and after construction; <br />IT'. <br />i