03-28-1988 - Agenda Packet City Council - regular meeting

Home Browse Search

Mr. Michael Gaffron March 2, 1988 Re: John and Lynn Waldron Property page 2 1951 Concordia Street Engineer. As such, there appears to be no argument that our proposal will adversely affect the quality or quantity of runoff into the lake. Thus, as you correctly noted in your December 9 Staff report, "The problem appears to boil down to one of philosophy." While I understand and agree with the City's philosophy that the lake and lakeshore must be protected, as a practical matter, the specific means by which the City seeks to "Protect" the lake and lakeshore must be rationally related to that objective. If they are not, they can be successfully attacked in a court of law. As a result, our proposal should be analyzed in terms of the criteria suggested by the ordinances and those criteria themselves should be examined critically as to whether they are rationally related to the objec"ive of preserving and protecting the lake and lakeshore. One potential issue in this regard is the issue of hardcover. As our enclosed hardcover calculations indicate, the proposed balcony will result in a .23% hardcover increase in the 0-75, zone. It is our position that this slight increase in hardcover is insignificant. For example, it is less than half of the percentage hardcover increase approved by the Council at its August 24 meeting with respect to the Jack Swenson property. Moreover, as the staff itself has admitted, there is a serious question as Co whether the hardcover restrictions in the City's ordinances are really rationally related to the City's objectives of protecting the lake and lakeshore. A balcony is considered hardcover since, in the language of the ordinance, hardcover is any structure or other material which interferes to any degree with the direct absorption of rainfall into the ground. I ass•ime that the hardcover restrictions were meant to have the purpose of preserving the lake by making sure that structures are not placed close to the lake which increase the quantity of runoff and the speed of runoff, thereby transporting more sediment more quickly to the lake. However, some structures, such as a balcony, which are, by definition, hardcover, can actually have a beneficial effect by slowing down rainfall or runoff and increasing its chinces for absorption before running into the lake. 4e submit, that, if anything, a balcony such as the one we are proposing actually has a beneficial effect. It is not an unbroken flat surface such as a concrete patio which would have the undesired effect, but rather is a series of spaced boards, between, which the rainfall falls to the ground. The wood of the deck also has the effect of absorbing a certain amount of rainfall which would otherwise :each the ground. We submit that there is no scientific proof whatsoever that our proposed balcony would have a negative impact on the quality or quantity of runoff flowing to the lake, which is the only rational basis for the hardcover restriction in the first place.