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IMG Date Application Received: 09-20-04 Date Application Complete: 10-04-04 60-Day Review Period Expiration: 12-04-04 ocr ^ b 2004 CITY OF OHONO REQUEST FOR COUNCIL ACTION Dale: October 20,2004 Item No. / 0 Department Approval: Name: Melanie Curtis Title: City Planner Administrator Approval:Agenda Section: Item Description: #04-3055 - Mark Ritter on behalf of Dr. Martha Spencer - 1005 Willow Dr S - Variances Zoning District: Lot Area: Lot Width: RR-IB, One Family Rural Residential, 2 acres/200 ’ width 95,002 s.f. (2.2 acres) 260 ’ measured at a line parallel to the shore List of Exhibits: A - PC Action Notice dated 10-20-04 B - PC Memo & Exhibits of 10-08-04 C - Draft PC Minutes of 10-18-04 Application Summary: During the summer of 2004,0-75’ setback hardcover, and lake setback variances were granted to this property in order to convert concrete patios to decks within the 150’ structure setback from the OHWL of French Lake as the home and patios existed prior to the adoplioti of the Shoreland ordinance requiring the 150’ setback. This current application was intended by the property owner to be included with the previous request for the decks but was never submitted to the City for review. At this time the applicant is requesting a hardcover variance within the 0-75’ setback in order to construct a gazebo and install paved walking paths, and a lake setback variance to construct the gazebo 22 ’ from the OHWL where a 150’ setback is required and a 45’ setback currently exists (decks). Planning Commission Recommendation On October 18,2004, Planning Commission voted 7-0 to recommend denial of the hardcover and setback variances based on lack of sufficient hardship. Planning Staff Recommendation Denial of the variances per Planning Commission recommendation COUNCIL ACTION REQUESTED Direct staff to draft a denial resolution for adoption at your November 8*** meeting. -