03-17-2025 Planning Commission Packet

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FILE # LA24-000007 17 March 2025 Page 2 of 6 In bluff and steep slope settings, the City code allows stairways, lifts, and landings, either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures stability and control of soil erosion. Staff can administratively approve minimal retaining walls supporting a lake access stair within a bluff and/or within the 75-foot lake setback to provide stability in steep slope settings. New walls, and walls that do not meet the administrative approval threshold, can only be authorized by the City Council through a conditional use permit process. Inset C: As-built When the project was completed, the City’s inspector observed additional walls which were not included in the scope of the approved plan, shown in blue on Inset C on the right. When questioned by staff, the applicant explained why they chose to deviate from the approved plan. Although the city-approved plan was designed by his engineer for the site conditions, the applicant communicated to staff that he believed the approved plan would not work and chose to construct the additional walls (shown on the as-built survey) instead of following the approved plan. The applicant provided an updated analysis from his engineer regarding the additional walls, Exhibit G. Conditional Use Permit Analysis: The applicant provided an as-built survey depicting the finished walls and stairway (Exhibit C) and revised documentation about the slope stability from a professional engineer based on assumptions about the soil information provided by the applicant (Exhibit G). Applicable Regulations: Conditional Use Permit (Sections 78-1279 and 78-916) Section 78-1279(3)(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 applicant’s engineer provided an analysis of the slope stability documenting the existing erosion on the slope and an engineered design to enhance the stability and correct existing slope erosion for the 2024 approval. The applicant constructed additional, unpermitted walls within the bluff (see photo Exhibits H & I). When questioned, the applicant asserted to staff that he believed the approved plan would not sufficiently address the bluff stability and that the additional walls along the base of the slope and the entire length of the stairway were necessary. The applicant further contends that the construction of the additional walls eliminated the need to grade further inland on the slope to create stability. However, in reviewing the resulting site conditions, 15