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Date Application Received: 10/18/2023 <br />Date Application Considered as Complete: 10/26/2023 <br />60-Day Review Period Expires: 12/25/2023 <br /> <br /> <br />To: Chair Bolis and Planning Commission Members <br /> Adam Edwards, City Administrator <br /> <br />From: Natalie Nye, Planner <br /> <br />Date: November 20, 2023 <br /> <br />Subject: #LA23-000061, Amy Eakman with Outdoor Excapes o/b/o Jereme & Stephanie <br />Tom, 2601 Casco Point Road - Variance, Public Hearing <br /> <br /> <br />Background <br />The applicant is proposing to construct a new lake stair and retaining walls within the lakeyard. <br />The property is currently experiencing erosion on the hillside that is impacting an existing <br />lakeside shed and oak tree. The property currently has some boulders that are no longer <br />preserving the hillside. The proposed design will protect the structural integrity of the shed and <br />preserve a mature oak tree within the lakeyard. While new lake stairs are permitted within the <br />lakeyard, a variance is required for any new retaining walls within the 75-foot lake setback. <br /> <br />Practical Difficulties Analysis <br />Applicant Submittal Information: The applicant has identified the erosion of the hillside and <br />protection of the existing shed and mature tree as practical difficulties supporting the requested <br />variance. Additionally, they have provided supporting documentation regarding Practical <br />Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the <br />application. <br /> <br />Planning Staff Practical Difficulty Analysis: Staff finds the existing conditions of the property and <br />the preservation of the existing structure and tree as practical difficulties which support the <br />variance request. The new retaining walls would support and protect the existing tree and <br />existing shed on the property. Vegetative screening of the walls should be installed where <br />possible. <br /> <br />LOT ANALYSIS WORKSHEET <br /> <br />Section 78-1279 – Setbacks: <br />No retaining walls are permitted within the 75-foot lakeshore setback and therefore a setback <br />variance is required. The proposed retaining walls are 28 feet and 50 feet from the OHWL. <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br />Retaining walls are excluded from the hardcover calculations. The property is compliant with the <br />Application Summary: The applicant is requesting a 75-foot lake setback variance for the <br />construction of new retaining walls within the lakeyard. <br />Staff Recommendation: Planning Department Staff recommends approval.