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PtLE«04-3060 <br />B Nov«fn£)*f 2004 <br />Page 1 of 4 <br />Date Appticalion Received: 09-22-04 <br />Date Application Considered u Complete: I I'Ol'Od <br />60<Da)‘Review Period Eipires: 01-01-0S <br />To: Chair Ralm and Planning Commission Members <br />Ron Moorsc, City Administrator <br />From: Melanie Curtis, City Planner <br />Date: November 9.2004 <br />Subject: 04-3060. Michael & Donna Ebertz, 1220 Tonkawa Road, <br />- After-the-fact variance and conditional use permit request <br />• Public hearing <br />Zoulug Dbtrict: LR-IB, Single Family Lakethorr Roideotiak 1 acre <br />Lot Area: 1.07 acre (46,7 1 0 s.f.) <br />Application Summary: Applicant is requesting aAer-the-fact approval for the follo\%ing: <br />1. A conditional use permit in order to construct a boulder wall, le-giade the lake yard. <br />2. A hardcover variance is also necessary due to the change in the hardcover percentage <br />proposed. The applicant is proposing to increase the hardcover within the 0-75* zone <br />from 7.84% to 8.7%. <br />Sia/f Recommendation: Staff recommendation is for approval of the application subject <br />the following: <br />1. Submittal of a plan which shows the elimination of the upper tier of walls to the <br />greatest extent possible; and <br />2. Compliance with the City Engineer’s recommendations; and <br />3. Any additional conditions or revisions Planning Commission mav wish to add. <br />Pertinent Zoning Ordinance Sections <br />Sec. 78-966. <br />Land Alteration; Prohibited. It is unlawful for any person to build, alter or repair any <br />seawall, retaining wall or otherwise change the grade or shore of lakcshorc property <br />without a conditional use permit issued by the Council. <br />Sec. 78-1250. Conditional uses. <br />Conditional uses allowable within shoreland areas shall be subject to the review and <br />approval procedures and criteria and conditions for review of conditional uses established <br />in this chapter. The following additional evaluation criteria and conditions apply within <br />the shoreland overlay district: <br />1. Evaluation criteria. A thorough evaluation of the water body and the topographic, <br />vegetation and soils conditions on the site must be made to ensure: <br />a) The preveruon of soil erosion or the possible pollution of public waters, both <br />during and after construction; <br />b) The visibility of structures and other facilities as viewed from public waters is <br />1