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mi ]g|T <br />November IS. SOM <br />PafiS*r« <br />Staff also finds that additional hardcover in the form of compacted rock, timber walls and <br />rock borders have been constructed on the nroperty and were not included in the <br />hardcover variance request from 1999. These liCms shall be removed in accordance with <br />the removal plan that is attached 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 Conunission should discuss the existing encroachments <br />within the 0-75 ’ zone. Because the applicants have proposed a substantial improx-ement <br />to the property and the applicants themselves have indicated the safety hazards associated <br />uith the staircase; it may be appropriate to discuss the elimination of the encroachments <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 alloxvcd 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*’ outiuied in Section 78-1285 (D) <br />Understanding that the current owners may not have conducted the Uce removal, <br />nevertheless a bluff restoration and preservation plan must be implemented as must of ilie <br />bluff is exposed and the Icaf-on conditions have been substantially reduced. Staff <br />recommends that the applicants be required to submit this prcscrvaiionrestoration 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 />Issvcs far ConsidcratioB <br />1. Do the hardships and findings of the April 1999 variance resolution still hold merit <br />witli the current goals of the Planning Commission? <br />Is enough hardcover being removed? How could the property get closer to 25®/*? <br />Should the wood platform be eliminated when the dock is in the xxater? <br />How and/or when should the non-conforming staircase be addressed? <br />Should a bluff rcsloralion/prescrx ation plan be required? <br />Are there any other issues or concerns xxith this application? <br />Staff RccomncBdatioii <br />Approval of the hardcover variance request for 29.89®/* hardcover within the 75 ’-250* <br />zone when 25% is normally allows and 29.9®/* was previously approved, stipulating the <br />following: <br />1. The wood chip area located in the southeast comer of the lot and following the <br />eastern lot line (not shoxxn on the surveys), shall be re-vegetated with grass or the <br />fabric liner shall be removed to alloxv water infiltration.