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(N)3'2904 1300 Shoreline Drive <br />July 24,2003 <br />Page 2 <br />Planning Commluion Recommendation <br />Planning Commission reviewed the revised plan at a public hearing on July 21 and on a vote of 5-2 <br />recommended approval of the revised plan for 39.7% hardcover subject to the following conditions: <br />1.Existing encroachments of wetland or required wetland setbacks by retaining walls, fill <br />or paved surfaces shall be removed. <br />2.Retaining walls shall be removed wherever they extend outside the property boundaries, <br />and any walls to remain within S' of the lot lines should be reviewed by staff to determine <br />whether they are needed to support steep slopes or whether they are purely aesthetic in nature, <br />and those not necessary to support the topography of the site shall be removed. <br />3. All landscape beds lined with fabric or plastic shall have such liner removed. <br />The minority opinion of the Planning Commission (Smith, Fritzler) was that the removals do not <br />reach the 35% limit established by code and they failed to see a hardship supporting the variance. <br />Staff Recommendation <br />The applicant has made a good faith effort to reduce hardcover by eliminating the circle driveway <br />and replacing it with a walkway and stairs in the front yard, and establishing parking spaces near <br />the lower driveway. The result is hardcover of 39.7% where 35% would be allowed. <br />If Council concludes that the unique circumstances regarding the history of this property can be <br />deemed as a hardship, then approval of the after-the-fact variances per the revised removal plan may <br />be in order. <br />Because the Planning Commission recommendation was not unanimous, staff has not drafted a <br />resolution for this application. <br />COUNCIL ACTION REQUESTED <br />Review the proposal and determine whether the hardcover removals to a level of 39.7% are <br />acceptable, and direct staff to draft a resolution for review and adoption at the August 11 meeting.