Agenda Packets - Planning Commission - Packet 5/19/2025

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FILE # LA25-000016 21 April 2025 Page 2 of 5 Section 78-1680 and 78-1700 – Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 39,004 s.f. 0.9 acres 9,751 s.f. (25 %) 8,785 s.f. (22.52%) 9,724 s.f. (24.93%) 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 applicant states the proposed retaining walls are required to replace the existing failing walls that are no longer preventing soil and sediment from staying in place on the slope down to the lake. The applicant has not established that there is an existing erosion problem justifying the proposed condition. This criterion is not met. 2. Suitable given the demonstrated need: A lake stair is permitted to allow for safe access to the lake, a tram is also permitted. However, the applicant has not demonstrated that the proposed retaining walls are correcting established, existing slope stability issues. This criterion is not met. 3. Designed by a registered engineer or landscape architect, depending on the project scope: The submitted wall plans are signed by a professional engineer. This criterion is met. 4. Designed to be the minimum size necessary to control the erosion problem: The applicant has not provided evidence that the proposed retaining walls have been sited and sized appropriately, and are the minimum necessary to address an established erosion control problem in the lake setback. This criterion is not 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: Retaining walls supporting a lake access stair and those that provide needed stabilization in steep slope situations are consistent with the Comprehensive Plan. This criterion is met. 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. The proposed walls are designed to be two feet wide and will run straight down the slope, making screening of the walls nearly impossible. If proven necessary by the applicant’s engineer, the replacement stairs and walls should be designed to comply with the screening requirements outlined in the Shoreland Regulations. This criterion is not met. 10