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V f Date Application Received: 10-21-03 Date Application Considered as Coropiete: I0*2I*03 60-Day Review Period Eipires: 12-20^3 REQUEST FOR COUNCIL ACTION COUNCII NOV 5 CITY Oh UhiuivO Date: November 19,2003 Item No.: Department Approval: Name: Michael P. Gaflron Title: Planning Director Administrator Approval:Agenda Section: Zoning Item Description: i^03-2866a Judy & David Zoschke, 2040 Shadywood Road - Appeal of Administrative Decision - Motion to Confirm List of Exhibits A • Notice of Planning Commission Action 11-19-03 B-Staff Sketch C - Memo and Exhibits of 11-14-03 Application Summary: Applicant is appealing City Staff s interpretation ofthe conclusions ofthe Planning Commission and Council in relation to the extent of hardcover removals required per Resolution No. 4920, adopted February 24,2003. Planning Commission Findings and Conclusions: Planning Commission reviewed this on November 17, 2003. On a vote of 4-0, Planning Commissioners who were at the Febmary PC hearing concluded that the drawing in Exhibit A of Resolution No. 4920 correctly depicts the Planning Commission ’s intent regarding removals of concrete patio. However, the number “681 s.f." was not part of their conclusion, therefore staff should calculate the actual square footage based on the drawing, and that result should be used as the basis for removals. Further, applicant has the option of removing other items of hardcover in the 0-75' zone than concrete patio to make up the required square footage (except for rock/plastic landscaping bed liner which was to be removed regardless). Staff Recommendation: Staff concurs with the conclusion of the Planning Commission. Staff has recalculated the area of the concrete patio to be removed as depicted in Exhibit A, and finds a total square footage of644 s.f. rather than 681 s.f as noted in the Resolution. Staff is scheduled to meet with the property owners on 1 1-21-03 to consider which additional 0-75' hardcover items should be removed to meet the 6-14 s.f requirement. COUNCIL ACTION REQUESTED Motion to confirm the conclusion of the Planning Commission. PROPOSED MOTION: Moved by__, seconded by__, that in the appeal by Judy and David Zoschke, File #03-2866a, the City Council hereby confirms the findings and conclusions of the Planning Commission as noted in the staff memo to Council dated November 19,2003. I- 9 I dlRl