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FILE # LA23-000062 <br />16 Jan 2024 <br />Page 2 of 5 <br /> <br /> <br /> <br />Section 78-1680 and 78-1700 – Hardcover Calculations: <br /> <br />Stormwater <br />Overlay District <br />Tier <br />Total Area in <br />Zone <br />Allowed <br />Hardcover <br />Pre-Demo/ <br />Existing <br />Hardcover <br />Proposed <br />Hardcover <br />Tier 1 22,5925 s.f. 5,648 s.f. <br />(25 %) <br />7,755 s.f. <br />(34.33%) <br />7,090 s.f. <br />(31.4%) <br />Applicable Regulation: Conditional Use Permit (Sections 78-1279 and 78-916) <br /> <br />Section 78-1279(3)(c) states that a wall within a defined bluff and bluff setback; and/or a <br />replacement wall 4 feet in height or greater; and/or any new walls shall require a conditional use <br />permit. New walls and replacement walls greater than 4 feet in height must meet the following <br />conditions. The wall must be: <br />1. Designed to correct an established erosion problem; the applicant has indicated that the <br />new walls were necessary to preserve the lake slope due to the existing wall failure and <br />neglect over time; and <br />2. Suitable given the demonstrated need; The replacement walls do not meet the “in-kind” <br />definition and the applicant has not submitted sufficient substantive evidence of the <br />existing slope/wall failure. A structural analysis should be provided. This criterion has not <br />been met; and <br />3. Designed by a registered engineer or landscape architect, depending on project scope; <br />the applicant has not provided a statement from a registered engineer or licensed <br />landscape architect supporting the need for the currently proposed number and location <br />of replacement walls. This criterion has not been met; and <br />4. Designed to be the minimum size necessary to control the erosion problem. The applicant <br />has not provided evidence as to the appropriately scaled replacement wall solution. This <br />criterion has not been met. <br /> <br />In addition to the conditions listed in Section 78-1279, Section 78-196 provides a list of conditions <br />supporting Conditional Use Permit (CUP) issuance. The Planning Commission may recommend <br />and the Council may grant a CUP as the use permit was applied for or in modified form. Based on <br />the application and the evidence submitted, the city must find that the proposed use at the <br />proposed location is or will be: <br />1) Consistent with the community management plan; the new walls and landscape plan will <br />help to preserve the lake slope. Protection and preservation of the natural lake shoreline is <br />an identified priority of the Comprehensive Plan. <br />2) Compliant with the zoning code, including any conditions imposed on specific uses as <br />required by article V, division 3 of the City Code; retaining walls within the lakeyard are <br />permitted where they are deemed necessary to protect the integrity of the slope. The <br />applicant has stated the existing walls were failing. <br />3) Adequately served by police, fire, roads, and stormwater management; the property meets <br />this standard. <br />4) Provided with an adequate water supply and sewage disposal system; the property meets <br />this standard. <br />5) Not expected to generate excessive demand for public services at public cost; the retaining <br />wall project should not generate an excessive demand for public services at a public cost. <br />12