02-18-2025 Planning Commission Packet (2)

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Date Application Received: 12/03/2024 Date Application Considered as Complete: 02/04/2025 60-Day Review Period Extension Expires: 04/05/2025 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Matthew Karney, Planner Date: 18 February 2025 Subject: #LA24-000065, Hartman Companies, 980 Heritage Lane Conditional Use Permit (Retaining Walls) – Public Hearing Background The applicant proposes a new retaining wall to provide a level access point to an existing lake stair with railings, within 75 feet of the Ordinary High Water Level (OHWL) of Tanager Lake. Currently, the land near the stair access is sloped and not level with the wooden landing of the stairs. Conditional Use Permit Analysis: The applicant has provided a site plan with existing and proposed conditions, retaining wall design and elevations, and a hardcover worksheet. The proposed stone retaining wall will be over 2 feet in height, but no more than 18 inches will be exposed, connecting the existing slope to the lake access stair. Section 78-305 & 78-1279 – Setbacks: Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 95,396 s.f. 23,849 s.f. (25 %) 17,918 s.f. (18.78%) 72 s.f. within 75’ setback 17,935 s.f. (18.8%) 89 s.f. within 75’ setback 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 wall will provide slope stability in the area around the stair landing, despite the applicant not indicating an erosion problem. Repeated access to the lake stair over time may cause erosion in the future if left in its present condition. 2. Suitable given the demonstrated need: The proposed retaining wall is suitable as the walls are minimal to correct the excessive slope leading to the stair landing. Application Summary: The applicant requests a conditional use permit for new retaining walls within the lakeshore setback. Staff Recommendation: Planning Staff recommends approval. LR-1A District Required Existing Proposed Lakeshore 75’ N/A ~28’ Proposed Retaining Wall 185