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r"" r <br />TO:Planning Commission and Council <br />FROM:Jeanne Mabusth, Zoning Administrator <br />DATE: May 1, 1980 <br />SUBJECT: #548 Milton H. Seifert, 1856 Shadywood Road - VARIANCE <br />Mr, Pearson's comments are factually correct. Staff did not relay <br />the trouble with the one neighbor on the south side because he <br />preferred to handle it on his own. The neighbor's privacy fence <br />sustained damage in two sections. The fence is located on the <br />property line in such a manner that the damage could only have <br />resulted with the use of the Seifert driveway. When the neighbor <br />first attempted to inform Seifert of the damage, Seifert refused to <br />assume any responsibility. It appears the neighbors have siuc,:Li <br />reached a mutually beneficial agreement. <br />I have been advised by the City Attorney that the Planning Commission <br />had every right to demand removal of the lakeshore rental unit - in <br />fact, you could have asked for all three to be removed. The fact <br />that staff did not suggest such conditions in their review of the <br />variance application does not mean that the Planning Commission is <br />limited in their review. This is our joint but independent roles. <br />Staff reports the facts, findings and at times will "suggest" a <br />recommendation. The Planning Commission is an independent reviewing <br />body, your dialogue may very well demand a more encompassing <br />recommendation. <br />For the record, I think the following questions should be asked: <br />1. Is Dr. Seifert a full time resident at 1856 Shadywood? <br />2. Who is responsible for the rental units when he is absent? <br />3.Since the main house and lakeshore rental unit use the paved area <br />to be removed for parking and turnaround , how does he plan to <br />provide a parking area for rental unit and turnaround ability. <br />Remember a gravel driveway is considered hardcover. <br />Planning Commission should review application and attorney's comments to <br />determine if there are additional questions to be asked. <br />Staff Recommendation - If the variance application is approved, the <br />applicant must enter into a formal agreement with the City containing <br />the following conditions: <br />1. Schedule "Phasing Out" of rental units <br />a) Lakeshore unit - demolition permit must be obtained one year <br />from date of signing agreement. <br />b) Two Shadywood cabins - to be removed no sooner than five years <br />from date of agreement but removal to be complete seven years <br />from date of agreement.