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Date Application Received: 10-21-03 Date Application ConiIdered at Complete: 10-21 -03 60-Day Review Period Eipires: 12-20-03 COllNr;il MPPTiMr; DEC 6 20U5 REQUEST FOR COUNCIL ACTION CITY OH OHu.'^O CONSENT AGENDA Date: December 4,2003 Item No.: 7 Department Approval: Name: Michael P. GafTron Title: Planning Director ’Ml Administrator Approval:Agenda Section: Zonir.2 Item Description: i^03*2866a Judy & David Zoschke, 2040 Shadywood Road - Appeal of Administrative Decision - Motion to Confirm List of Exhibits A - Notice of Council Action 12-1-03 B - Depiction of Agreed-upon Removals C - Memo and Selected Exhibits of 11-14-03 Application Summary: Applicant is appealing City Staff s interpretation of the conclusions of the Planning Commission and Council in relation to the extent of hardco\ er 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 February 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. This item was tabled at your November 24 meeting because the applicant was not present. Staff met with Mr. Zoschke on the site on November 21 and discussed the additional removals required to comply with the Planning Commission’s conclusion (see 11-14 memo). Staff has recalculated the total area of the required removals at 644 s.f. rather than the 681 s.f noted in the Resolution. Mr. Zoschke has advised staff he agrees to remove the additional hardcover items necessary to meet this requirement, w hich includes the upper patio and the concrete sw ale across the sidewalk from the waterway. Given that the applicant has accepted the conclusion of the Planning Commission, the only remaining action necessary is for Council to confirm the findings of the Plaiming Commission. 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 December 4,2(X)3.