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> <br />Date Application Received: 09-20-04 <br />Date Application Complete: 10-04-04 <br />60-Day Review Period Expiration: 12-04-04 <br />NUV 8 2004 <br />CIlYOl- GHONQ <br />REQUEST FOR COUNCIL ACTION <br />Date: November 4,2004 <br />Item No. <br />Department Approval: Administrator Approval: Agenda Section: <br />Name: Melanie Curtis I ill <br />Title: City Plaimcr VA^_______________________________________________ <br />Item Description: ^ • <br />04-3055 - Mark Ritter on behalf of Dr. Martha Spcnccr- 1005 Willow Dr S - Variances <br />Zoning District: RR-IB, One Family Rural Residential, 2 acrcs/200’ width <br />Lot Area: 95,002 s.f. (2.2 acres) <br />Lot Width: 260 ’ measured at a line parallel to the shore <br />List of Exhibits: <br />A. Council Report dated 10-20-04 <br />B. PC Action Notice dated 1 0-20-04 <br />C. PC Memo & E,xhibits of 10-08-04 <br />D. Draft PC Minutes of 10-18-04 <br />E. Draft Council Minutes of 10-25-04 <br />Application Summary: <br />During the summer of 2004,0-75’ setback hardcover (8% where 0% is normally allowed), and lake <br />setback variances were granted to this property in order to convert concrete patios to decks within the <br />150 ’ structure setback from the Ol lWL of luench Lake as the home and patios existed prior to the <br />adoption of the Shorcland ordinance requiring the 1 50’ setback. <br />The applicant is requesting a hardcover variance for 1 1.7% hardcover within the 0-75’ setback where <br />0% is normally allowed and 8% was previously approved in order to construct a gazebo and install <br />paved walking paths, and a lake setback variance to construct the gazebo 22 ’ from the OlIWL where a <br />150' setback is required and a 45’ setback currently exists (decks). <br />During discussions with the Planning Commission and Council the applicant has stated that there is a <br />10.5 ’ X 25 ’ dog kennel on the property which was not included in the hardcover calculations for this or <br />the previous application .staff feels that this is further justiOcation for why the variances should not be <br />granted and the Council should discuss whether or not to amend the previous variance approval or <br />require the applicant to remove the 262.5 s.f. kennel in order to achieve the 8% level approved with <br />the 2004 variance. <br />Planning Commission Recommendation <br />On October 18,2004, Planning Commission voted 7-0 to recommend denial of the hardcover and <br />setback variances based on lack of sufficient hardship.