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• • #05-3135 November 21,2006 Page 2 Revised Plans Submitted Building Height,Average Setback.The applicant has submitted a revised survey/site plan,hardcover calculations,grading plan and preliminary building plans and elevation views. The concept of a flat roof,2-story residence has not changed,but the footprint now includes a westward jog at the south end to minimize the encroachment of the average setback line. The house elevation views submitted do not show any chimneys,nor do the floor plans. The parapet height shown is less than 30' above existing grade at the high side, based on a high-side existing grade elevation of 938' +at the new extension;the building therefore meets the City's height limit for flat roof structures. As before,the west yard will be filled so that only the upper level will be above final grade on that side. Grading and Drainage. The grading plan was received on 11-21-06 and is being forwarded to the City Engineer for review and comment. An estimate of the number of cubic yards of fill that will be brought onto the site is pending. Drainage will be directed to a swale along the south side and to the shared lot line(and partially over an easement on the neighboring property) on the north side. The underground garage with loop driveway partially above it is still proposed. Proposed hardcover and structural coverage are both conforming. Council should review the prior discussions with applicant regarding placement of fill within 5' of the shared lot line to the south;grade on the applicant's side of the existing stone retaining wall will remain lower than existing on Morrie's side,which should keep drainage on applicant's side of the lot line. Staff Recommendation Staff recommends approval of the fill CUP, subject to confirmation by the City Engineer that the grading and drainage plan is acceptable. Council should review with the applicant the basis for not meeting a 5' fill setback. Staff has no strong recommendation on the average setback variance; regardless how the Council concludes on this issue, the site is so unique that the end result will not be very precedent-setting. Council should again review the attached memos, documents and PC minutes regarding this application. The average lakeshore setback ordinance was established to protect the lake views enjoyed by adjacent property owners. A variance can be granted where there are unique circumstances or where hardships are demonstrated. Council must ultimately weigh the negative impacts on the neighbor's lake views against the applicant's desire to maximize his lake views.As of this writing, staff has received no comments on the revised plan from Mr. Wagener or his representatives, who have been provided with the revised plans. COUNCIL ACTION REQUESTED Review the application,and determine whether the fill CUP and the average setback variance will be granted. A resolution reflecting Council's conclusions and incorporating appropriate CUP conditions will be drafted for the December 11 Council meeting.