09-11-1989 - Agenda Packet City Council - regular meeting

Home Browse Search

ahr��r� .�I;iit�s;�,► A r Zoning Fill #14 � September 8 ' 1 4CYJ Page 2 of 3 In this case, the remaining foundation walls abut a steep slope and cannot be filled in, so that the rear foundation wall will be relatively visible from the lake. Applicant constructed a deck using a portion of this foundation wall, over the former footprint of the boat house. The deck is at grade at o.ie side and about 8-10' above grade on the lake side. The deck has a railing to make it safe. If the deck wasn't there, some sort of railing or fence would be needec, at the top of the bank at the foundation wall, to make it safe. Planning Commission Recommendation - At their August 21st meting, the Planning Commission reviewed the request and voted 5-0 to recommend partial approval. The :Tanning Commission recommends denial of the after--thu--fact ,�•azianre for the deck, finding that such a structure would not likely be approved even if requested before -the -fact. The Planning Commission felt that the previously existing boat: house structure did not justify construction of a deck to replace it. At the same time, the Planning Commission recommended approval of the existing and proposed retaining wall construction stipulating that the pre-existing concrete foundation wall remain in place but that a fence or suitable safety barrier be errected above it. DNR Proposed ;rules - The requirement for removal of this deck would be generally consistent with past City policy and practice. Staff does feel obligated to make the Council aware of proposed DNR rules regarding accessory structures at the lakeshere. These rules are merely a recommendation, and arc merely proposed as a model ordinance for cities to adopt. However, those rules would allow an accessory detached deck similar to the applicant's deck, to be constructed under the following conditions: 1. Maximum height above grade - 81. 2. Maximum footprint area - 250 square feet. 3. Setback from the ordinary high water level must be at least 10'. 4. Treat the structure -uce visibility as viewed frcm public- waters, using -t_ cation, topography, increased setbacks, color or . her methods (assuming summer. leaf -on Conci,-!,on5 ) . 5. Cannot be plumbed.