Agenda Packet Cc - regular meeting 1/11/1988

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#741 - William Sinclair May 5, 1983 Page 2 In consideration of similar applications reviewed last year, as the Zoning Administ:-ator, I have appreciated the fact that the Sinclairs have consulted with staff and sought advice rather than staff having to stop construction when the simple foundation replacement turns into a major land alteration and we are once again reviewing an "after-th,-� fact" application. Staff forewarned the applicant of the restrictive ordinances dealing with alteration of areas within the lakeshore protected area. (0-75'). The applicant has been made aware of Council': conservative position on such applications and still he persisted convin,:ed of the many positive benefits of the proposed application. fie contends replacement of the foundation will necessitate alteration of his lakeshore yard (10' into the lakeshore yard) and if below grade living area is not possible, they will be forced to add a major addition on the north side of the house. Please review thv City Engineer's review of the proposal. The land alteration will be done in two phases over a 24-48 hour period. The first phase will deal with the excavation around the house and the second phase, the excavation of the lakeshore bank - review Exhibit F - the 954 elevation marks the limit of the lakeshore excavation. Cook has recommended specific erosion control devices for this type of land alteration involving steep lakeshore banks and the closeness to the lake. Planning Commission approved the conditional use permit and v,riance application of William Sinclair to permit major alteration of the lakeshore bank of his property based on the following findings and hardships: a) hardships are as follows: 1. location of the house in relation to 75' setback area 2. steep lakeshore bank L) findings are as follows: 1. no increase in hardcover - removal of approximately 100 sq. ft. of hardcover within 0-75' setback area 2. lakeshore banks will now be at grade for easier maintenance and decreases potential of erosion of lakeshore banks. 3. no significant impact on quality and quantity of runoff as a result of the proposed construction 4. the proposed alteration does not affect the neighboring properties 5. the proposed plan will alleviate need to expand to the north and increase hardcover. Approval is suhject to the following conditions: 1. staked hay bales with a fabric silt fence be used for erosion control during construction and unti_1 vegetation is established.