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FILE #04-3026 <br />June 15. 2004 <br />Page 1 of 5 <br />Date Application Received: 05-19>04 <br />Date Application Considered as Complete: 06-10-04 <br />60-Day Review Period Expires: 08-10-04 <br />To: Chair Mabuslh and Planning Commission Members <br />Ron Moorse, City Administrator <br />From: Melanie Curtis, City Planner jj/f^ <br />Date: June 15,2004 <br />Subject: 04-3026, Anthony Sequira with Rightway on behalf of David Pomije, <br />801 TonkawaRoad <br />- After-the-fact variance <br />- public hearing <br />Zoning District: LR-IB, Single Family Lakeshore Residential, 1 acre minimum <br />Lot Area: 3.6 acre (155,771 s.f.) <br />Application Summary: The applicant is requesting after-the-fact lake setback and 0-75 ’ <br />hardcover variances in order to reconstruct (and reconfigure) a deck. The application <br />consists of the following: <br />1. Hardcover within 0-75 ’ of 11% or 3,464.3 s.f.. <br />2. Lake set back variance to allow a deck setback of 39’ where 75’ is required and 49’ <br />currently exists (house). <br />3. Bluff impact zone encroachment of 25 ’. <br />Staff Recommendation: Planning Department Staff recommends approval of the after- <br />the-fact lake setback and hardcover variances. <br />Hardship: The location of the existing home; replacement nearly in-kind of a pre­ <br />existing deteriorated non-conforming deck.___________________________________ <br />Pertinent Zoning Ordinance Sections <br />Bluff means a topographic feature, such as a hill, cliff or embai,ltment, having the <br />following characteristics (An area with an average slope of less than 18 percent over a <br />distance of 50 feet or more shall not be considered part of the bluff): <br />(1) Part or all of the feature is located in a shoreland area; <br />(2) The slope rises at least 25 feet above the ordinary high water level of the <br />water body; <br />(3) The grade of the slope from the toe of the bluff to a point 25 feet or more <br />above the ordinary high water level averages 30 percent or greater; and <br />(4) The slope must drain toward the water body. <br />Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. <br />Blujf, top of the. means that point on the cross section of a bluff below which the slope <br />1