11-19-2024 Planning Commission Packet

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Date Application Received: 10/23/2024 Date Application Considered as Complete: 11/05/2024 60-Day Review Period Extension Expires: 01/04/2025 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Matthew Karney, Planner Date: 18 November 2024 Subject: #LA24-000060, TVL Studios, 755 Tonkawa Rd Conditional Use Permit (Retaining Walls) – Public Hearing Background The applicant proposes a replacement of an existing, non-conforming deck and set of retaining walls with a new deck and retaining wall structure. According to the applicant, the existing deck and retaining wall system was built with the existing residence in the 1960s, and is in declining condition. The proposed deck and retaining walls are being designed to be sensitive to the property’s lakeward slope, while reducing the overall impacts of the improvements the have existed since the property was initially developed. Conditional Use Permit Analysis: The applicant has provided a narrative with existing and proposed conditions, a site plan of existing and proposed conditions, a hardcover worksheet, and a survey of the property. The proposed deck and retaining walls exceed four (4) feet in height, but are decreased from the existing height of up to six (6) feet to five and a half (5.5) feet with the proposed design, benefitted further by the proposed deck and walls being lowered six (6) inches closer to grade/the lake. Additionally, hardcover within the 75-foot lakeshore setback is to be reduced by approximately 133 s.f. with the proposal. Conditional Use Permit (Sections 78-1279 and 78-916) Section 78-1279(5)(c) states: “A wall in the shore setback zone, within a defined bluff and bluff setback; and/or a replacement wall 4 feet in height or greater; and/or any new walls shall require a conditional use permit. New walls and replacement walls greater than 4 feet in height must meet the following conditions. The wall must be”: 1. Designed to correct an established erosion problem: The proposed retaining walls are replacing existing walls in poor condition, that have provided slope stability for the site and facilitated lake access for several decades. This criterion is met. 2. Suitable given the demonstrated need: The proposed retaining walls are found to be suitable in comparison to the existing retaining walls in terms of providing slope stability and erosion control. This criterion is met. 3. Designed by a registered engineer or landscape architect, depending on the project scope: The proposed retaining walls were designed by licensed landscape architects. This criterion is met. 4. Designed to be the minimum size necessary to control the erosion problem: Application Summary: The applicant requests a conditional use permit to construct new and replacement retaining walls as a part of a deck replacement within 75 feet of the OHWL. Staff Recommendation: Planning Staff recommends approval. 241