07-08-1996 Council Packet - Laserfiche WebLink

Home Browse Search

Request for Council AcMon continued Page 3 July 2, 1996 Zoning File #2134 Ron Albrecht. 1810 Shadvwood Road Comments from Applicant’s Attorney Please review the letter of June 28 written by the applicant's attorney, stating applicant's position. Discussion Staff has watched this property develop from a relatively conforming pair of commonly-owned 60' lots in 1984 into an extremely non-conforming situation today. On two occasions now, under two different owners, the property has been brought in for after-the-fact approval of hardcover increases, the first of which was approved in 1991 as reasonable and appropriate for the property, and the second of which is before you currently. In 1991 City approval included a condition that no additional structure, including decks, should be allowed in the "lakeshore yard" (See Exh. L of May 16 memo). Applicant's aitomry is correct in that the Zoning Code definition of lakeshore yard means just the 0-75' zone, not necessarily all the area between the house and the lake. It is unclear what the previous Council intended it to mean based on the minutes of April 1991. Because the lot coverage by structures is under 11%, and because the new deck requires no setback or average setback variances, the City is faced merely with a hardcover variance request. The proposal to reduce hardcover square footages to a level significantly less than was approved in 1991, places the application in a more positive light. The opposite argument is that hardcover fairly distant from the shoreline is being removed in exchange for allowing additional hardcover abutting the 75' setback line, much nearer the lake. Applicant's attorney has indicated that the hardships supporting the request include safety for the children playing in the lakeside yard, given the steep slope dropping to the lake. The deck has never been intended to have a railing, however, and is intended to have a hot tub taking up a significant portion of it. Council must conclude whether suitable hardships have been presented in order to grant the hardcover variance . Finally, Council must deal with the question of the lakeshore stairway/landing. Applicant notes that the structure was replaced board-for-board identical to what previously existed, and that the walkway parallel to the shoreline is necessary to retain the existing stairway system while meeting minimum LMCD dock setbacks from the north lot line. The only nonconformity of the section parallel to the shoreline is its 6' width where normally a 4' width would be allowed. Staff considers this as only a minor nonconformity, and would recommend that an after-the-fact permit be obtained by the applicant. Council should decide whether it will require that the stairway system be brought into total conformity or allowed to remain as is.