05-23-1994 Council Packet - Laserfiche WebLink

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Zoning File #1919 April H. 1994 Pace 5 Planning Commission should be aware that while the Vergeyle bluff variance application was approved, since then other applications have been held up until the code amendment is completed. Planning Commission may wish to consider whether the hardships in this case justify granting of this variance without delay. Grading Plan Discussion The previous owner of this property, Mr. Holzer, commenced grading on the property including work within 75’ of the shoreline, in 1979. After extensive review by the Planning Commission and Council, a conditional use permit and variance was granted to allow grading to continue subject to specific conditions. Please review Exhibit K, Resolution #1079 and Exhibits, which define that approval. As a result of the grading work, existing grade today appears to be perched 2 ’-4’ higher than the properties on either side, held in by retaining walls. It was clearly Mr. Holzer’s intent to have a flat yard rather than a yard that gently slopes away from the house towards the neighbors as the submitted photos (Exhibit J) suggest. The City apparently found some merit in the proposal in the potential to direct d> linage away from the neighboring properties and towards the lake. Building Height Question The applicant ’s architect, Mr. Cradit, has worked extensively with the building inspector to desien a house that meets the 30 ’ maximum height limitation. In doing so, he has in effect created a three-story structure based on the definitions in the Uniform Building Code. Briefly, that definition states that if a floor is more than 6’ above grade on all sides, the space below is considered as a story. Therefore this is a three story building, while the zoning code /.eight limitation in Section 10.25, Subd. 6(A) reads as follows; "A. Height. No ‘•’^nicture or building shall e.xceed 2'A stories or 30 ’ in height except as provided in St 10.75". (Section 10.75 discusses >Of»iie features such as antennas, flag poles, chimneys, etc. which are allowed greater height but are not pertinent to this discussion). The building staff has rarely used the Vh story limitation because it is difficult to interpret. There is no definition of what constitutes a "half-story". As Planning Commission is aware, it is not unusual to have a lakeshore walkout residence with three levels of living area visible from the lake side plus a steeply pitched roof. Such strucnires technically meet the 30 ’ height limitation but in fact may be as much as 45’ in total height from the walkout grade to the peak. Although it is essentially an aesthetic issue, the neighbor to the south has suggested that this house will tower above the neighboring houses and may not be visually compatible with the