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Date AppUcalioD Received: 10-21-03 <br />Date Applicatioo Considered as Compietc: 10-21-03 <br />60-Day Review Period Eipires: 12-20413 <br />To:Chair Smith and Planning Commissioners <br />Ron Moorse, City Administrator <br />From: <br />Date: <br />Subject: <br />Mike Gaffiron, Planning Director <br />November 14,2003 <br />#03-2866a Judy & D^^id Zoschke, 2040 Shad^ood Road <br />- Appeal of Administrative Decision • Public Hearing <br />Zoning Dbtrict: <br />Lot Area: <br />LR-IC Single Family Lakeshore Residential, 1/2-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 />^^.fi,£l)Qlo^2iUhiDitlcd.byApplicant <br />^"^D - Resolution No. 492(T^ <br />E - Council Minutw of 2^4-03 <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 />1 - Letter to Applicants 9-25-03 <br />J - Zoning Code Sections 78-96 thru 78-99 <br />re:appeals process <br />Background <br />The Zoschke’s were granted a variet>* of variances in Febmary 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 0-75* 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 removals as depicted in Exhibit A of Resolution No. 4920, but to <br />a lesser removal that allows the upper patio, stairvvay, 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 Zosebke’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 news to staff, since they had signed the resolution in March/April <br />and had not noted any issues at that time. <br />s