02-21-2023 Planning Commission Packet

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FILE # LA22-000068 19 September 2022 Page 2 of 5 the topography and challenges brought on by the fire on the slope which may support the variances for the expanded retaining walls. Staff supports the setback variances for the new wall footprint as long as the change does not adversely impact neighboring properties and slope stability. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 — Setbacks: All of the improvements are within the 75 -foot setback from the ordinary high water level (OHWL), and are within the bluff. The newly constructed timber walls are situated generally where the previously existing walls were located within the 75 -foot setback and within the bluff. However, the new walls are not considered an in-kind replacement as the footprint of some of the walls extend closer to the neighboring properties, are in different configurations, and are in different locations than the previous walls. Variances are required. The plans do not specifically clarify whether or not the new walls were constructed entirely within the subject property boundaries; clarification is required. Section 78-350 — Lot Area/Width: LR -1C DISTRICT Lot Area Lot Width Required 21,780 s.f. (0.5acres) 100' Actual 14,926 s.f. (0.34 acre) 56'@ 75'/ 56' @ OHWL Section 78-1680 and 78-1700 — Hardcover Calculations: The applicant has provided hardcover calculations, attached as Exhibit E. The hardcover calculations include the walls as well as replacement stairs to the lake, landings, deck, and shed/boathouse. They are not requesting variances to exceed 25% hardcover. Stormwater Total Area in Allowed Proposed Overlay District Zone Hardcover Existing Hardcover Hardcover* Tier 3,731.5 s.f. 3,096 s.f. 3,651.7 s.f. Tier 1 14,926 s.f. (25 %) (21.1%) (24.9%) *Includes the improvements/changes shown as part of Building Permit RPS22-000126. Applicable Regulations: Bluff and 75 -foot Lake Setback Variance (Section 78-1279) The proposed walls replaced walls destroyed by a fire along with other lakeyard improvements such as lake access stairs, a deck, and a shed beneath the deck. Due to the bluff and steep nature of the slope on the subject property as well as the immediately adjacent neighboring properties the walls are necessary. Originally the applicant's intent was to replace the destroyed walls in-kind. According to the applicant, the process for the reconstruction involved removal of additional material from the slope. Once installed, the placement of the new walls was determined to exceed the in-kind allowance. All of the proposed improvements are within the bluff and lake setback. A lake stair is a permitted improvement within the bluff and 75 -foot setback. The deck/walkway and shed are not permitted, however are able to be reconstructed in-kind. The property owners can apply for a building permit to re -build their deck(s) and shed as long as the existing parameters are not exceeded. Because the new walls were installed in a slightly different placement, size, and configuration, variances are required.