12-09-2002 Council Packet - Laserfiche WebLink

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#02-2854 1973 Fagerness Point Road November 16,2002 Page 2 3. 4. 5. 6. Thdmost recent (2002) surveys includes property located on the east side of Fagemess Point Road, which consists of “accretions”, i.e. land that has been created since Fagemess was platted in 1886. Manley is intending to claim the areas surveyed east of the road via a land title registration (torrens) process. It is staffs understanding that the neighbors to the immediate north will be disputing this claim. Therefore, the actual area Manley owns within the east 0-75' lakeshore yard is at this time unknown. Concrete stairway alongside garage is constructed within road right-of-way, may be hazardous for road maintenance, other options may e.xist... Deck (approx. 5x10) constructed on west side of house without zoning .approval, constituting 0-75' structure encroachment and excessive hardcover. Deck was not shown on any plans or surveys used in approval of prior zoning applications. Deck was not shown on any surveys or plans used to obtain the remodeling permit in September 2000. Deck first appeared on a plan used to obtain a permit for basement remodel and deck over garage in February 2002, however, the deck was not part of that plan review and the fact that it appeared on the plan is inconsequential. Staff maintains that this deck exists illegally and should bo removed. Staff can confirm that a 160 s.f, deck existed in the past (see Exhibit J, assessors records) but it was completely removed sometime prior to or during the remodeling process, and construction of the new deck has never been addressed. An alternative would be to require that an after-the-fact variance be applied for; PC may wish to provide applicant with direction on this matter. The deck constitutes additional hardcover and lot coverage above the previously approved amounts. This deck is not the subject of the current application, and given the May 2002 hardcover and lot coverage denials for this property, it would seem to be unlikely this would be ^proved. Grade of the walkout level in the westerly 0-75' zone has been lowered by approximately 2', in violation of denials in 1 998. This grading w’ork was not covered by any permits isued to date and has never been approved as part of any prior zoning, pplication. This grading was apparently done to create a ‘better’ walkout situation. Old and new topographic surveys as well as old photos of this side of the house clearly show that the entire west lakeshore yard has been excavated and the west facade of the house has been opened up to a much broader width and height than the original house. This activity flies in the face of long-standing City policies and ordinances which prohibit 0-75' land alteration to create a walkout situation. The grading activity to date on the west side of the house has left almost no vegetation intact and 90% of the lakeshore yard in a state of bare unprotected soil. Staff and MCWD have required that hay bates and silt fence be in place during the past few months until proper plans were submitted and approved.