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Date Application Received: 10*21-03 <br />Date Application Considered as Complete: 10*21*03 <br />60*Day Review Period Eipircs: 12*20*03 <br />To:Chair Smith and Planning Commissioners <br />Ron Moorse, City Administrator <br />From: <br />Date: <br />Subject: <br />Mike GafTron, Planning Director <br />November 14,2003 <br />#03*2866a Judy & David Zoschke, 2040 Shadywood Road <br />- Appeal of Administrative Decision - Public Hearing <br />Zoning District: <br />Lot Area: <br />LR*1C Single Family Lakeshore Residential, l/2*acre min. <br />0.4 acre (17,467 s.f.) <br />Application Summary: Applicant is appealing City Staffs interpretation of the conclusions of <br />the Planning Commission and Council in relation to the extent of hardcover removals required <br />per Resolution No. 4920, adopted February 24,2003. <br />Staff Recommendation: Staff recommends denial of the appeal, since we believe Exhibit A <br />of Resolution No. 4920 as signed by the applicants is a correct depiction and interpretation of <br />the required removals. <br />List of Exhibits <br />A - .Application <br />B - Letter of Request Submitted by Applicant <br />C - Photos Submitted by Applicant <br />D - Resolution No. 4920 <br />E - Council Minutes of 2-24*03 <br />F * Planning Commission Minutes of 2*19*03 <br />G - PC Memo & Exhibits of 1*31*03 <br />H * Council Memo & Exhibits of 2*20*03 <br />I * Letter to Applicants 9*25*03 <br />J * Zoning Code Sections 78*96 thru "8*99 <br />re:appeals process <br />Background <br />The Zoschke’s were granted a variety of variances in February 2003 in order to replace a deck on <br />the lake side of the residence and enclose part of it as a porch. The applicants agreed to remove <br />hardcover including landscape areas lined by plastic/fabric as well as patio area in the 0*"5' zone. <br />However, the applicants are disputing the square footage and extent of patio removal agreed to; they <br />do not believe they agreed to the remcv als as depicted in Exhibit A of Resolution No. 4920, but to <br />a lesser removal that allows the upper patio, stairway, and a 3’ portion of lower patio adjacent to the <br />retaining wall, to remain. <br />Review Process to Date <br />Staff was initially advised by the Zoschke’s in July (July 21 framing inspection called for finishing <br />removals before continuing project) that they disagreed with the Resolution diagram and the extent <br />of the removals required. This was new s to staff, since they had signed the resolution in March'April <br />and had not noted any issues at that time. <br />j