Project Packet - Laserfiche WebLink

Home Browse Search

• #05-3135 March 22,2006 Page 2 The issue which had the Planning Commission deadlocked was the average setback variance,which neighbor Morrie Wagener objects to. The Planning Commission members voting against the variance indicated they did not object to the requested CUP for fill, noting that the lot appeared to have been excavated at some time in the past and the fill would act to bring the lot back to near its original state. Mr. Wagener had through his attorney Peter Johnson invited the Planning Commission and council to view the site from his property. Staff understands that the applicant may be contacting the Council to invite members to view the site. A final issue is whether the proposed fill within 5' of the Wagener lot line should be approved.There was objection by Wagener to filling against his existing rock wall. Planning Commission did not make it clear in their recommendation whether they found this acceptable. From staffs perspective, the fill as proposed is not anticipated to direct drainage onto Wagener's property, but it will have visual impacts with regards to the view of the wall. Drainage can be dealt with without this encroachment;however,that may require a more pronounced swale between the proposed house and its south lot line. Staff Recommendation Staff recommends approval of the fill CUP, subject to a grading and drainage plan that meets the approval of the city engineer. Council should review with the applicant whether there is a hardship 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 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. COUNCIL ACTION REQUESTED Review the application,and provide applicant and staff with direction regarding the fill CUP and the average setback variance. A resolution reflecting Council's conclusions will be drafted for consideration at a future Council meeting.