08-21-2023 Planning Commission Packet

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LA23-000026 21 August 2023 Page 3 of 6 Applicable Regulations: Building and Structural Improvements within the 75 -foot Setback (Section 78-1279) and Hardcover within the 75 -foot Setback (Section 78-1680) No buildings, structures, or hardcover improvements are permitted within the 75 -foot setback with few exceptions as noted. The applicant is proposing to convert the existing attached garage to living space including a new addition on the street side of the home approximately 56 feet from the OHWL of the inlet. The applicant is proposing changes to the hardcover improvements within the 75 -foot setback from the lake and inlet on the property. They are removing and converting approximately 4,000 square feet of driveway as part of the proposal. Some of the driveway will be converted to pool and pool patio areas, a portion will be covered by the new detached garage. The changes include an in -ground swimming pool to be located within what is currently a portion of the driveway within the 75 -foot setback. New patios, screening walls, retaining walls, steps, walkways are all shown within the 75 -foot setback. The improvements are alphabetically coded on the survey for the hardcover calculations and the alphabetic code will be used to identify which improvements are being discussed herein. Keeping in mind the proposal includes removal of a concrete walk and wood borders on the lakeside of the home, the following new improvements are proposed: 1. The proposed home addition is 56 feet from the inlet; 2. The pool (H) is set back 23 feet from the inlet; 3. The pool patio (G) is set back 20 feet from the inlet; 4. The six-foot tall stone fence (K) is 20 feet from the inlet; 5. The new, circular paver patio and new walk (S) on the lakeside of the pool are 22 feet from the inlet and 48 feet from the lake; 6. The existing deck to be enclosed beneath may be considered to be an expansion of the building footprint (more information is required from the applicant). This deck is 18 feet from the lake the enclosure may result in a change in the home's setback from 27 feet to 18 feet, an expansion of the encroachment; and 7. The "existing" boulder retaining walls (P) on the lakeside of the home were recently installed in the place of the one -foot -tall timber border shown on the Existing Conditions Survey (Exhibit Q. They may have been included in one of the previously approved variances. However, the City does not have a record of a permit for the boulder walls. The approximately two -foot -tall boulder walls were replaced in a different location slightly further from the lake than the timber border. The boulder walls are an expansion of the existing condition in footprint, location, and height. The new boulder walls are 31 feet from the lake (see Exhibit K for the aerial photo comparison). The existing lake access stair (G on the existing survey) is being replaced by a new stair (I on the proposed survey). The new stairs are an improvement of the existing setback of 27.5 feet to 38 feet and are a permitted improvement in the 75 -foot setback. In-kind replacement or reconstruction of existing improvement is permitted; however new improvements, expansions of and/or relocation of improvements is not permitted. While the proposed in -ground pool does not result in any increase of massing or hardcover within the setback, it does create an expanded volume of the improvement in the setback and requires a lake setback variance to be 23 feet from the inlet and 60 feet from the lake requiring a variance. Also proposed as part of the area to be converted from driveway to pool patio is a new six-foot tall privacy wall 19 feet from the inlet; this wall also requires a setback variance. Although the overall hardcover on the property is and will remain conforming (from 21.3% to 19% overall