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FILE *04.3026 <br />Jw"« 15 20:4 <br />Pag* • 5* 5 <br />Dale Application Received: 05>I9*04 <br />Date Application Considered as Complete: 06-IO-04 <br />60*Day Review Period Espires: 08*I(MM <br />Chair Mabusih and Planning Commission Members <br />Ron Moorse, City Administrator <br />Melanie Curtis, City Planner jj^ <br />June 15,2004 <br />04-3026, Anthony Sequira with Rightway on behalf of David Pomije. <br />801 Tonka wa Road <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 />From: <br />Date: <br />Subject: <br />Application Summary: The applicant is requesting after-the-fact lake setback and 0-75’ <br />hardcover variances in order to rcconst*uct (and reconfigure) a deck The application <br />consists of the following; <br />1 . Hardcover within 0-75* of 1 1% or 3,464.3 s.f.. <br />2. Lake set back vanance to allow a deck setback of 39* where 75 ’ is required and 49’ <br />currently exists (hou.se). <br />3. Bluff impact zone encroachment of 25*. <br />Staff Recommendation: Planning Department Stall recommends approv al 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 embankment, 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 w ater 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 />Bluff, top of the. means that point on the cross section of a bluff below which the slope