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r <br />MINUTES Of a planning COMMISSION MEETING HELD ON MARCH 12, 1979 <br />Page 3 <br />I. :u <br />Mfibusth stated a 23% hardcover variance would be <br />required (15% variance previously exists) and a <br />conditional use permit for construction of the wall. <br />Mr. Mitchell also entered into the record two letters <br />from Joseph E. Braun (3020 Casco Point Road) and <br />Warren Ortenblad (2779 Casco Point Road) both <br />approving of the Holzer*s development of their <br />property. <br />ALEXANDER HOLZER <br />2677 Casco Point <br />COND. USE PERMIT <br />#436 (Cont.) <br />Mr. Mitchell again stated that the main reason for the <br />work was the danger of a slide. A drainage plan has <br />been submitted. <br />Mr. Nekich again showed pictures of the two properties. <br />He felt the violations are as follows: <br />1.Garage - Although he again brought up this issue, <br />the Planning Commission refused any discussion <br />as Council declined to reopen the variance case <br />(#417) on November 28, 1978. <br />Grading, Excavating & Filling - *'A great deal of <br />land alteration has been done.*' <br />The violations on the wall are: <br />a) Exceeds hardcover. <br />b) Encroaches 75* lakeshore setback. <br />c) He stated that even if the wall was interpreted <br />to come within the definition of fences in tne <br />code (their contention is that it does not), <br />they can only be 42" high. He feels a lot of <br />the dispute centers around the wall height; it <br />is their contention that the main structure of <br />the wall is 4* high and the pillars are 7*-8* <br />high. <br />"There comes a time when a wall of any nature <br />has become so substantial that it becomes a <br />structure within the meaning of the Code. <br />Therefore it becomes subject to the 10* setback <br />requirement. He feels this wall has reached <br />that point. <br />lJl. <br />' 'V <br />Pfi <br />•C'"*t: <br />If <br />lais-v s. <br />mm <br />j ^ '..SPIT‘i <br />V