02-12-2024 CC Agenda Packet - Laserfiche WebLink

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Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. Bluff, toe of the , means the lower point of the lowest 50-foot segment with an average slope exceeding 18 percent. If the lowest such point is lakeward of the OHWL, the OHWL will be defined as the toe. Bluff, top of the , means that point on the cross section of a bluff below which the slope becomes more than 18 percent and above which the average slope for a distance of 50 feet or more is 18 percent or less. Additionally, Section 78-1279 requires a 30-foot setback for any structure or building from the top of bluff. The subject property contains a bluff, which was verified and depicted by a licensed surveyor. The City requires a 30-foot setback from the top of bluff where no building or structure can be located. This includes retaining walls, driveways, etc. Minimal grading is permitted within the bluff setback, but not within the bluff impact zone. The bluff impact zone, which is defined as 20-feet from the top of bluff, prohibits buildings or structure and grading. The proposal includes grading within the bluff impact zone and new structures within the bluff setback that staff cannot support. 5.Planning Commission Vote and Comment: On January 16, 2024, the Planning Commission held a public hearing. The original proposal included a patio and a small portion of the home within the bluff setback. The Planning Commission provided feedback in support of the requested variances for average lakeshore setback and the bluff setbacks for necessary grading and the driveway. The Planning Commission was clear to state that they did not support a patio or any part of the home within the required bluff setbacks. The Planning Commission ultimately denied the application as applied by a vote of 3 to 1. The applicant has removed the patio within the bluff setback, pulled the home building footprint out of the bluff setback, and decreased the amount of grading within the bluff. However, the applicant is still proposing retaining walls and grading around the home because of the walk out basement design and lakeside path. The plan requires variances for the average lakeshore setback encroachments and encroachments into the bluff setback and bluff impact zone including the new driveway, retaining walls, grading, and lakeside path, which are highlighted in Exhibit F - Bluff Encroachments. Draft minutes from the Planning Commission are included as Exhibit C. A link to the January 16th Planning Commission packet for this item is included for your reference. 6.Public Comment: The applicant has provided letters of support from the neighbors at 4415 and 4425 North Shore Drive. The support of the neighbors was given for the original design. No other public comments have been received. 7.Staff Recommendation: Staff recommends denial of the application as applied due to the sensitive nature of the bluff on the site. Staff is supportive of the average lakeshore setback variance as the new house is a similar distance from the OHWL as the existing home and the impacted neighbor is in support. Staff can support the bluff setback variances required for the construction of the driveway as it provides access to the home. Staff cannot support the extensive grading within the bluff in order for the home to have a walk-out basement nor can staff support the extension of the lakeside path within the bluff. COUNCIL ACTION REQUESTED Direct Staff to draft a denial resolution. Exhibits Exhibit A - Amended Narrative Exhibit B - Amended Survey Exhibit C - Amended Plans 191