04-15-2024 Planning Commission Packet

Home Browse Search

FILE # LA23-000062 15 April 2024 Page 3 of 5 2. Suitable given the demonstrated need; The applicant’s surveyor provided the following statement: the “proposed retaining walls follow the same general layout as the existing retaining walls. Existing dry-stacked stone walls are failing and in need of replacement. Areas between new walls are proposed with plantings to help with screening of walls”. This criterion has been met; and 3. Designed by a registered engineer or landscape architect, depending on project scope; the applicant has provided an updated certificate of survey and engineered wall construction plan from a registered engineer and/or surveyor supporting the need for the currently proposed number and location of replacement walls. This criterion has been met; and 4. Designed to be the minimum size necessary to control the erosion problem. The applicant has provided a plan and statement from a licensed professional supporting the proposed landscaping and replacement wall solution. This criterion has been met. In addition to the conditions listed in Section 78-1279, Section 78-196 provides a list of conditions supporting Conditional Use Permit (CUP) issuance. The Planning Commission may recommend and the Council may grant a CUP as the use permit was applied for or in modified form. Based on the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; the new walls and landscape plan will help to preserve the lake slope. Protection and preservation of the natural lake shoreline is an identified priority of the Comprehensive Plan. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; retaining walls within the lakeyard are permitted where they are deemed necessary to protect the integrity of the slope. The applicant’s engineer provided a statement indicating the need for the proposed walls and plantings. 3) Adequately served by police, fire, roads, and stormwater management; the property meets this standard. 4) Provided with an adequate water supply and sewage disposal system; the property meets this standard. 5) Not expected to generate excessive demand for public services at public cost; the retaining wall project should not generate an excessive demand for public services at a public cost. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the installation of replacement stone retaining walls including the proposed landscape plan to screen the walls will be compatible with the uses within the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the installation of replacement stone retaining walls, including the proposed landscape plan to screen the walls, will be compatible with the character of the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; the installation of replacement stone retaining walls including the proposed landscape plan to screen the walls will be compatible with the character of the improvements within the surrounding area. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; the lakeshore slope improvements should 135