02-21-2023 Planning Commission Packet

Home Browse Search

Date Application Received: 12/13/2022 Date Application Considered as Complete: 02/03/2023 60 -Day Review Period Expires: 04/04/2023 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner MCC Date: 21 February 2023 Subject: #LA22-000068, Valdes Lawn Care and Snow Removal LLC o/b/o Mark and Lisa Thostenson 2815 Casco Point Road After -the -fact Setback Variances Public Hearing Application Summary: The applicant is requesting approval of an after -the -fact bluff and 75 -foot lake setback variances for new retaining walls. Staff Recommendation: Planning Department Staff recommends partial approval. Background In July of 2022 the timber lake slope walls, deck, and stair to the lake were destroyed by fire. A building permit was issued (RAS22-000082) to reconstruct the walls in-kind. During the installation of the walls, staff observed that the construction expanded beyond the in-kind limitations in the wall lengths and some of the wall locations. As a result, on October 281h, a Stop Work order was issued. The contractor was directed to fill in, compact, and secure the open areas with appropriate stabilization measures. Because the work was halted prior to completion, on November 281h the owner requested and received permission from the City Council to install a final wall at the top of the slope which their engineer determined to be necessary to protect the integrity of the slope (Resolution No. 7315, attached as Exhibit K). Their engineer provided documentation showing the slope failure is imminent and needed an emergency correction. That final wall has been installed. Currently, the owner is requesting after -the -fact variances to address the wall footprint expansions in the bluff and lake yard. The lake stairs are an allowed improvement within the 75 -foot setback and can be constructed with an admirative building permit. According to City Code Section 78-71(c)(1) regarding reconstruction of legal nonconforming structures involuntarily damaged or destroyed, the deck and shed may also be rebuilt in-kind with an admirative permit. The change to the configuration of the retaining walls, if approved, will likely impact the ability to fully recapture the previous structural footprints and dimensions of the deck and shed. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the slope and existing conditions as practical difficulties supporting the requested variances. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds there are difficulties in