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Zoning File 11627 <br />March 12, 199'1 <br />Page 4 oi 5 <br />The McCloud property was owned by Eugene Nelson at that <br />tine, and coamon ownerships involving Nelson's relatives <br />ultimately resulted in the current Record Lot designations. The <br />automatic lot area variance documents were never finalized by <br />Nelson, however, during his sale to McCloud in 1985, it was <br />determined that a lot line rearrangement subdivision was <br />necessary to properly allocate the lakeshorc between Nelson's <br />property and Record Lot 16 to the south (please see the 2/19/91 <br />letter to Carter Delaittre). <br />The 2/19/91 letter summarizes the history of Subdivision <br />application 1889 which was recommended for approval by the <br />Planning Commission in 1985 but got stalled out at the Council <br />level due to the neighboring property owner's objections and lack <br />of followup. The City would have granted the automatic lot area <br />variance as part of the subdivision approval had that subdivision <br />been finalized. In the meantime, the City technically cannot <br />issue any building permits to McCloud until the automatic lot <br />area variance has been granted. <br />It is staff's position that, while the defined time period <br />for "automatic" lot area variances has past, the City has been <br />fairly lenient in holding to the time limitation for other Big <br />Island properties as long as other issues are resolved in a <br />timely manner. Approximately half of the property owners <br />executed their automatic variances in 1984. The rest have been <br />dribbling in over the years as properties are sold or as property <br />improvements occur. <br />Ctaff <br />Staff recommends as follows <br />1. Approval of land alteration conditional use permit and <br />variance for retaining walls subject to: <br />a) Removal of all decks except portions necessary as <br />walkways between stairways. <br />b) Modification of retaining walls to eliminate all <br />portions in excess of 3-4' high, applicant to submit <br />revised plans for City Engineer and Planning Commission <br />approval of additional walls to be constructed between <br />remaining walls. <br />c) Maximum allowed width of remaining walkways and <br />stairs is 4'. <br />•!