11-19-2024 Planning Commission Packet

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FILE # LA24-000060 18 November 2024 Page 2 of 4 The proposed retaining walls are designed to reduce hardcover in the 75’ lakeshore setback, overall wall height, and the width of the proposed deck. This criterion is met. In addition to the conditions listed in Section 78-1279, Section 78-916 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 deck and retaining wall will reduce the visual massing of improvements along the lakefront and the hardcover within the 75’ lakeshore setback will decrease, aspects that are consistent with 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. Retaining walls have existed on the property stabilizing the slope for over fifty years. The proposed retaining walls will be reworked 6” lower, into the grade to further reduce erosion and with a stronger, thinner material to reduce the overall square footage of the wall from 234 s.f. to 29 s.f. 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: This proposal is not anticipated to impact public services. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future: As the existing deck and retaining walls have fallen into a state of disrepair, staff finds the proposal to replace the existing structures with a new deck and retaining wall system that overall reduces the size of the deck, maximum height of the retaining walls, and the overall hardcover to be compatible with the surrounding area into the future. 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 new retaining walls and deck to improve existing lakeshore conditions is consistent with the character of the surrounding area. 242