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*044042 <br />October II, 2004 <br />Po|0lor4 <br />Dot* AppUcatkM Rtedved: 7-21-04 <br />DM* AppIktilitNiCoiiiMortd 01 Complete: lO-S-04 <br />60-Ikiy Review Period Eipirts: 12-7-04 <br />Chair Rahn and Planning Commission Members <br />Ron Moorse, City Administrator <br />From: Janice Gundlach, City Planner^ ^PLEASE VISIT SITE* <br />Dale: <br />Subject: <br />October 14.2004 <br />04-3042, Pillar Homes on behalf of Roger A Carol Rovick, 1625 Bohn’s <br />Point Road, Aftcr-thc-Fact Conditional Use Permit for Fill, Public Hearing <br />Zoning Dtetrict: <br />Lot Area: <br />Lot Width: <br />LR - IB, One Family Lakeshorc Residential District (1 acre min.) <br />1.691 acres (73,679 s.f.) <br />127.5 feet @ shoreline, 130 feet @ 75’ setback <br />A/^icaiiott Summary: Applicant requests an aRcr-the-fact conditional use permit to <br />allow 3,940 cubic yards of fill when 1,650 cubic yards was approved at the issuance of <br />building permit and 500 cubic yards requires a conditional use permit. <br />Staff Recommendation: Staff recommends tliat the Planning Commission determine if <br />the additional fill creates a negative visual situation for the directly impacted neighbors <br />and neighborhood, and v^iether or not the additional fill, above 1,650 c.y., should be <br />permitted. Staff reconunends that the final approval stipulate conformance with the City <br />Engineer’s memo, attached as E.xhibit F. and that a plan meeting those stipulations is <br />submitted and approved by the City Engineer, prior to final approval by the City Council. <br />A final Certificate of Occupancy will be held up until that approved plan is implemented. <br />Pertinent Zoning Ordinance Sections <br />Sec. 78-1286. Topographic alterations/grading and filling. <br />(2) For movement of more than 500 cubic yards of material within the <br />shoreland overlay district, conditional use permit approval by the city <br />council is required in addition to the required land alteration permit. <br />Sec. 78-966. Prohibition. <br />(a) It is unlawful for any person to perform or have performed the following <br />land alteration activities without a conditional use permit issued by the council: <br />(1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt <br />or similar earth material within the limits of the city. <br />(2) Fill or reclaim any land by depositing such material or by grading of <br />existing land to elevate or alter the existing natural grade. <br />(3) Build, alter or repair any seawall or retaining wall, or otherwise change the <br />grade or shore of lakesbore property. <br />(b) All land alterations involving filling and grading shall be performed only