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Application Date: <br />Completion Date: <br />60 Day Deadline: <br />10/21/98 <br />1/22/99 <br />3/23/99 <br />FEB 2 2 IJ99. <br />v-ii r ur t^nui^U <br />REQUEST FOR COUNCIL ACTION <br />DATE: 2/18/99 <br />ITEM NO = a <br />Department Approval: <br />Name Paul Weinberger <br />Title Assistant Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description: #2440 Robert and Nancy Lux <br />1209 French Creek Drive <br />Variances <br />Zoning District: RR-IB/PRD One Family Lakeshore Residential District (2 Acre) <br />Lot Area:59314 square feet (1.36 acres) <br />Application: The applicant has applied to the City for variances to permit the construction <br />of a swimming pool and terrace area with a patio to the rear of the existing residence. The proposed <br />pool would be located 28' from the rear property line. Typically patios are not defined as <br />encroachments into yard setbacks, however, when the patio is connected to a pool terrace the Code <br />states all that portions of the patio are considered structure. <br />The lot is located in the French Creek Subdivision which was developed as a Planned Residential <br />Development (PRD) south of French Lake. The setbacks and lot sizes for the PRD have been <br />established in Resolution Number 1692. The side yard setback for all lots is 25', and the front and <br />rear yard setback is 35'. The subdivision occurred creating lots under two acres, however the density <br />for the RR-IB (2 acre) zoning district was maintained as a result of establishing a large common area <br />around the development (Outlot B, French Creek). The common area is owned by all property <br />owners in French Creek and is controlled by the homeowner's association. <br />A landscape pond has been developed at the north end of the property. The landscape plan proposes <br />altering the pond. It would now encroach over the applicant's property line onto Outlot B. This <br />would require a conditional use permit, which has not been applied for. The conditional use permit <br />would be to allow grading within 5' of a property line and land alteration to exceed 10 cubic yards <br />within 75' of the Ordinary High Water Level (OHWL) of 930.0' for French Lake. If the landscape <br />pond is applied for and approved the conditional use permit would be filed on the chain of title for <br />all properties with ownership in Outlot E. <br />The homeowner's association has considered and approved the proposed landscape plan. A copy <br />of the letter addressed to the City is enclosed as Attachment J. <br />1 <br />i