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FILE 09-3425 13 January 2010 Page 2 of 3 district, but which may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit, and a periodic review of the permit may be required. The permit shall be issued for a particular use and not for a particular person. Because of their unusual characteristics, conditional uses require consideration so they may be located properly with respect to the objectives of this chapter and the comprehensive municipal plan and with respect to their effects on surrounding properties. In order to achieve these purposes, the council is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon the granting of these permits. Sec. 78-916. Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form, if on the basis of the application and the evidence submitted the city makes the following findings: (1) That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the district in which the site is located and the comprehensive municipal plan; (2) That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and (3) That the proposed conditional use will comply with each of the applicable provisions of this chapter. List of Exhibits Exhibit A. Application Exhibit B. Previous Hardcover Site Plan Exhibit C. Existing Survey Exhibit D. Wall Plan Exhibit E. Site Photographs Exhibit F. Hardcover Calculations Exhibit G. City Engineer Comments Exhibit H. Property Owners List Exhibit I. Plat Map Background The applicant's property has a steep lakeshore, with the top of the slope about 22 feet above the lake. In 2008 the applicant hired two separate contractors to replace a failing sea wall with rip-rap, a walkway deck with a smaller patio walkway and lake access stairs. A permit for the rip-rap was obtained from the MCWD. Neither the contractor nor the applicant realized that City approvals were required as it was a replacement. Discussion Staff discovered the new walls on the annual shoreline inspection boat trip. The applicant was out of the state for a number of months and was unable to be reached. Once the property owner was contacted the wall contractor began to work with staff to submit an after- the-fact application. Following an initial meeting with staff and the City Engineer the contractor stopped returning phone calls from staff and the property owner. At this time the property owner has submitted the necessary information with the exception of an engineered construction plan for the retaining wall. Engineered plans are required for walls 4 feet in height or above which retain soil. The walls have a section that just exceeds the 4 foot limitation.