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r <br />] <br />W4-30d7 <br />November 15, 2004 <br />Page S of6 <br />Staff also finds that additional hardcover in the form of compacted rock, timber walls and <br />rock borders have been constructed on the property and were not included in the <br />hardcover variance request &om 1999. These items shall be removed in accordance with <br />the removal plan that is reached as Exhibit G, as landscape hardcover has typically not <br />be allowed to be traded as structural hardcover for the purposes of granting hardcover <br />variances. <br />Staff also finds that the Planning Commission should discuss the existing encroachments <br />within the 0-75 ’ zone. Because the applicants have proposed a substantial improvement <br />to the property and the applicants themselves have indicated the safety hazards associated <br />with the staircase; it may be appropriate to discuss the elimination of the encroacl ments <br />and rebuilding of the lake access in conjunction with a hardcover variance. As a <br />minimum, staff would recommend that any approval resolution document disclose that <br />rebuilding of the lake access staircase require a building permit and the two existing deck <br />sections within the staircase would not be allowed and the encroachments must be <br />removed. <br />Lastly, after a site inspection it became apparent that intense vegetation clearing has <br />occurred over the years. Some mature trees remain, but many smaller (less than 6" in <br />diameter) trees have been removed and only stumps remain. Staff finds this to meet the <br />definition of “intense vegetation clearing” outlined in Section 78-1285 (B). <br />Understanding that the current owners may not have conducted the tiee removal, <br />nevertheless a bluff restoration and preservation plan must be implemented as must of the <br />bluff is exposed and the leaf-on conditions have been substantially reduced. Staff <br />reconunends that the applicants be required to submit this preservation/restoration plan <br />prior to issuance of a certificate of occupancy for the new addition. Staff would also <br />recommend that this plan be implemented prior to the end of next summer (September <br />2005). <br />Issues for Consideration <br />1. Do the hardships and findings of the April 1999 variance resolution still hold merit <br />with the cunent goals of the Planning Commission? <br />2. Is enough hardcover ’:^eing removed? How could the property get closer to 25%? <br />3. Should the wood platform be eliminated when the dock is in the water? <br />4. How and/or when should the non-conforming staircase be addressed? <br />5. Should a bluff restoration/prcscrvalion plan be required? <br />6. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Approval of the hardcover variance request for 29.89% hardcover within the 75 ’-250 ’ <br />zone when 25% is nomially allowed and 29.9% was previously approved, stipulating the <br />following: <br />1. The wood chip area located in the southeast corner of the lot and following the <br />eastern lot line (not shown on the surveys), shall be rc-vegetated with grass or the <br />fabric liner shall be removed to allow water infiltration. <br />4