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*1 <br />Date Application Received: 10-23-02 <br />Date Appiicatlon Coniidercd ai Complete: 11-12-02 <br />00-Day Review Period Expires: 1-11-03 <br />60-day Review Period Extended on 12-5-02 to: 3-12-03 <br />REQUEST FOR COUNCIL ACTION <br />Date: December S, 2002 <br />Item No.: ^ <br />Department Approval: <br />Name: Michael P. GafTron <br />Tilk: Planning Director <br />Administrator Approval:Agenda Section: <br />Zoning <br />Item Description: #02-2854 Kevin Manley, 1973 Fagemess Point Road - Variance/CUP <br />List of Exhibits <br />A - Notice of Planning Commission Action 12-5-02 <br />B - Memo and Exhibits of November 16,2002 <br />C - Draft November 18 Planning Commission Minutes <br />f* <br />Application Summary Gustafson Design, Inc. on behal f cf Kevin & Janet Manley, owners of 1973 <br />Fagemess Point Road, has applied for approval of a boulder retaining wall system and landscape <br />plan for the westerly lakeshore bank of the property. The proposal requires a conditional use permit <br />and variance for land alteration and hardcover within 75'of the shoreline. This if a newly remodeled <br />house for which no Certificate of Occupancy will be required. There arc a nui.<ber of unresolved <br />issues related to this property which are enumerated in the November 16 staff memo. <br />Plauning Commission Recommendation <br />On November 18 Planning Commission held a public hearing and reviewed the request. Although <br />Planning Commission offered to table the proposal for further review and potential modification, <br />applicant requested that a recommendation on the current proposal be forwarded to the Council. <br />Planning Commission voted 6-0 to deny the request for the reasons noted in the minutes anddid no' <br />formally address each of the issues noted in the staff memo. <br />Staff Recommendation <br />Staff recommends denial of the application as proposed. The initial 60-day deadline is January 11, <br />2003. Council s next meeting is January 13,2003. If Council denies the application, a resolution <br />for denial w ould not be presented for adoption until after the 60-day deadline. Therefore, the 00 day <br />deadline must be formally extended, which staff has done in the Notice of Planning Commission <br />Action. <br />If Council chooses to table the application for revisions and'or further review by the City Engineer, <br />then Staff recommends the following: