1991-03-06 Memo, Review of CUP Application

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Zoning File #1493 & #1570 Page 3 The Planning Commission recommended unanimous approval of the proposed entry addition subject to the removal of existing hardcover as set forth above in the hardcover facts. Although the Planning Commission's original recommendation required removal of hardcover up to the allowed amount of an earlier 1982 review at 45%» it was noted that surveys of hardcover in that year did not include landscape areas underlain with plastic. In addition staff had already confirmed that in the 1982 review, the expanded gravel area was approved by Council to assist in the backing out maneuver. Cook at an earlier meeting confirmed that based on the location of the garage, the gravel area could not serve as a turnaround area but that the right-of-way of Casco Point Road was used. The existing gravel area serves as only additional parking space. The Planning Commission has recommended that this be removed as a condition of the variance approval. The Planning Commission recomiriended approval of the after- the-fact average lakeshore setback variance for the lakeshore deck constructed without a building permit sometime in 1982. They based their findings as follows: 1.Recent letters submitted by adjacent and most affected neighbors site no problem with location of existing deck. Review Exhibits M-1 and M-2. Second story deck does not interfere with the site line views of lake because of the sloping topographies within the lakeshore yards. The Planning Commission recommended approval of the after- the-fact variance at a 3 to 2 vote. The 2 denial voters did not support the motion as it included a condition that would require applicant to pay a double fee with building permit. The minority opinion felt that because of the lapse in time it was not appropriate to charge the penalty fee. The enclosed resolution has been drafted per the Planning Commission's approval recommendation for Council's review and action. Please note that the after-the-fact phase of the application has been conditioned on the penalty fee payment. If Council wishes to amend the majority action of the Planning Commission, the resolution can be amended accordingly. Review of Application #1570 - Review Exhibit J. Members will note levels of tiered retaining walls shown on the original land alteration plans for applicant's lakeshore yard. In the first review the Planning Commission denied the request finding the plan did not address the real erosion problems within the lakeshore yard. The