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#03-2904 <br />July 17,2003 <br />Page 3 <br />Hardship Analysis <br />StafThas not revised the hardship analysis (see June memo). Planning Commission must determine <br />whether the proposed removals and resultant reduced hardcover are supported by unique <br />circumstances or hardships. <br />( <br />Issues for Consideration <br />1. The applicant proposes a revised plan such that the hardcover will be reduced to a level of <br />2,167 s.f. less than the existing but still exceeding that allowed by City Codes by 908 s.f. <br />2. The applicant ’s acquisition of the property was finalized before he knew the magnitude of <br />the hardcover excesses. <br />3. Retaining walls that encroach past the lot line or are less than 26' from wetlands should be <br />relocated to be within the property and meet wetland setbacks. While the City has minimal <br />use of the adjacent right-of-ways and they appear to a casual observer as part of this property, <br />the City has no intent to vacate those right-of-ways, hence applicant cannot make the property <br />larger to reduce the hardcover percentage. <br />4. Does Planning Commission have any other issues or concerns with this application? <br />Staff Recommeodation <br />Staff makes the following recommendations: <br />1 . If Planning Commission determines that the unique circumstances regarding the history of <br />this property can be deemed as a hardship, then a recommendation for approval of the after- <br />the-fact variances per the revised removal plan would be in order. <br />2. Existing encroachments of wetland or required wetland setbacks by retaining walls, fill or <br />paved surfaces should be removed. <br />3. Retaining walls should be removed wherever they extend outside the property boundaries, <br />and any walls to remain within 5' 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 should be removed. <br />4. All landscape bed lined with fabric or plastic shall have such liner removed.