10-16-2023 Planning Commission Packet

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FILE #LA23-000051 16 Oct 2023 Page 7 of 8 A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Conditional Use Permit Analysis: In addition to the City's CUP requirement for filling/grading below the 100-year flood elevation, the activity is subject to a floodplain alteration permit governed by the MCWD. The applicant has submitted an application to the MCWD along with the required plans and engineering. The City engineer will assure that the permitting conditions of the MCWD are consistent with the 1-to-1 volume mitigation requirement of the FEMA floodplain regulations which the City enforces. Additionally, the applicant will be required to keep debris off of the public roadways; a haul route should be provided with the permit for the home construction. Correction of damage to the public roadways will be required to be completed as part of the building permit compliance. Engineer Comments There were no substantive comments from the City's Engineer; a full grading review will be conducted with the building permit application. Public Comments To date, no public comments have been received. Issues for Consideration 1. The Commission should ask the applicant for additional testimony regarding the screen porch and the new vertical encroachments abutting the lake channel. 2. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 3. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 4. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 5. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variances as proposed, with the exception of the screen porch portion of the home within 13 feet of the channel. The increased height of this porch combined with the extreme proximity to the channel cannot be supported. The applicant is allowed to recapture the footprint and volume area of the screen porch but expansion is not a right. Staff recommends that the applicant should redesign the porch to minimize the massing impact so close to the OHWL. Staff recommends approval of the conditional use permit for the rescue bench. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey — annotated Exhibit D. Existing Survey Exhibit E. Proposed Plans and Elevations Exhibit F. Home Expansion Comparisons Exhibit G. Submitted Hardcover Calculations