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N04-3042 October 18, 2004 Page 1 of 4 Date Application Received: 7-21-04 Dale Applicatior Considered as Complete: 10-8-04 60-Day Review P« iiod Expires: 12-7-04 To:Chair Rahn and Planning Commission Members Ron Moorsc, City Administrator From: Janice Gundlach, City Plamicr^^ *PLEASE MSIT SITE* Date:October 14,2004 Subject:04-3042, Pillar Homes on behalf of Roger & Carol Rovick, 1625 Bohn’s Point Road. After-the-Fact Cc:.ditional Use Permit for Fill, Public Hearing Zoning District: Lot Area: Lot Width: LR - IB, One Family Lakeshorc Residential District (1 acre min.) 1.691 acres (73,679 s.f.) 127.5 feet @ shoreline, 130 feet @ 75’ setback Application Summary: Applicant requests an aftcr-thc-fact conditional use permit to allow 3,940 cubic yards of fill when 1,650 cubic yards was approved at the issuance of building permit and 500 cubic yards requires a conditional use permit. Staff Recommendation: Staff recommends that the Planning Commission determine if the additional fill creates a negative visual situation for the directly impacted neighbors and neighborhood, and whether or not the additional fill, above 1,650 c.y., should be |u*rmittcd. Staff recommends that the final approval stipulate conformance with the City I'ngineer’s memo, attached as F,xhibit F, and that a plan meeting tho.se stipulations is submitted and approved by the City Engineer, prior to final approval by the City Council. A final Certificate of Occupancy will be held up until that approved plan is implemented. Pertinent Zoning Ordinance Sections Sec. 78-1286. Topographic alterations/grading and filling. (2) For ino\emcnt of i“‘ore than 500 cubic yards of material within the .shoreland overlay d ;t. conditional use permit approval by the city council is requited i. audition to the required land alteration permit. Sec. 78-966. Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by tire council: (I) Remove, fill, use foi fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material w ithin the limits of the city. Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. Build, alter or repair any seawall or retaining wall, or otherw ise change the grade or shore of lakeshorc property. (2) (3) (b) All land alterations involving filling and grading shall be performed only s