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Date Application Received: 08/19/09 <br />Date Application Considered as Complete: 10/22/09 <br />120-Day Review Period Expires: 02/19/2010 <br />To: <br />From: <br />Date: <br />Subject: <br />Chair Kang and Planning Commission Members <br />Melanie Curtis, Planning & Zoning Coordinator <br />13 January 2010 <br />09-3425 James Johnson, 650 Big Island <br />• After-the-Fact Variance & Conditional Use Permit <br />• Public Hearing <br />Zoning District: RS Seasonal Recreational District, 5 acre <br />43,601 s.f. (1.0 acre) Lot Area: <br />Lot Width: 151 feet <br />Application Summary: The owner requests after-the-fact hardcover variance and <br />conditional use permit for retaining walls and a patio within the 0-75 foot zone to remain <br />as constructed. The request includes a hardcover variance to allow the hardcover <br />associated with the retaining walls to remain when only 333 s.f. of hardcover is allowed <br />for lake access stairs within the Oto 75 foot zone. <br />Staff Recommendation: Planning Department Staff recommends approval with <br />conditions. <br />Pertinent Zoning Ordinance Sections <br />Sec. 78-966. Prohibition. <br />(a) It is unlawful for any person to perform or have performed the following land alteration <br />activities without a conditional use permit issued by the council: <br />Council <br />Exhibit C <br />(3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade <br />or shore of lakeshore property. <br />Sec. 78-1288. Hard cover limitations. <br />(a) Hardcover allotment. The following hardcover restrictions apply to all properties in the <br />Shoreland Overlay District: <br />(1) Hardcover zones. <br />a. Within 75 feet of the Ordinary High Water Level (OHWL) of any lake or tributary, <br />no hard cover or impervious surface shall be placed, located or constructed, except for <br />driveways, stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. <br />b. Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 <br />percent hardcover. <br />c. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 <br />percent hardcover. <br />d. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 <br />percent hardcover. <br />Sec. 78-911. Purpose. <br />In order to give the district use regulation the flexibility necessary to achieve the objectives <br />of this chapter, in certain districts, conditional uses are permitted, subject to the granting of a <br />use permit. Conditional uses include those uses generally not suitable in a particular zoning