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

Home Browse Search

MINUTES OF THE PLANNING COMMISSION METING AUGUST 21, 1989 ZONING FILE #1438-PILISBURY CONTINUED There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Johnson, to recommend approval of application #1438, for a 6" height variance for a serpentine brick wall. Motion, Ayes-5, Nays-0, Motion passed. #1439 LAWRMM E. LANGHANS 1366 REST POINT ROAD AFTER -THE -PACT CONDITIONAL USE PERMIT/VARIANCE PUBLIC HEARING 8:50 P.M. TO 8:53 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. The applicant was present for this public hearing. Assistant Planning and Zoning Administrator Gaffron informed the Planning Commission that the applicant was seeking after -the - fact approval for a deck and retaining walls in the 0-75' setback zone. Gaffron said that at one time there was a boathouse, but in the 1987 storms the boathouse was damaged beyond repair. The applicant removed the damaged structure, but left a portion of the concrete walls to act as a retaining wall for the bank. Mr. Langhans then built a deck using the pre-existing foundation as partial footing. The applicant is also constructing another section of retaining wall adjacent to the deck. He said that it was staff's recommendation that the foundation should remain because it is helping to stabilize the bank. Staff also believes that the retaining walls are also necessary. Gaffron noted that there were several letters supporting this application. There were no comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Johnson stated that if this application were not after -the -fact, the Planning Commission would not have recommended approval to build the retaining walls. He felt that they were now forced to act and that Mr. Lapghans should have been aware of the City's codes and ordinances due to his profession as a realtor. Mr. Langhans explained that : had done what was necessary to prevent further erosion. Johnson noted that the City was issuing emergency permits for bank stabilization after the July, 1987 storm. Mr. Langhans also mentioned that he had reduced hardcover. Gaffron said that removing the concrete wall would provide support for the '•ank for quite some time. It the wall were removed ani' an ,npt made to reconstruct another wall, the support would be .." ned. Gaffron said that in the past it has been the City's F,:. y to allow the foundation to remain and fill in around it. Gal' in said however, in this case, any fill may 12