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Subject: 09-3425 James Johnson, 650 Big Island • After-the-Fact Variance & Conditional Use Permit • Public Hearing Application Summary: The owner requests after-the-fact hardcover variance and conditional use permit for retaining walls and a patio within the 0-75 foot zone to remain as constructed. The request includes a hardcover variance to allow the hardcover associated with the retaining walls to remain when only 333 s.f. of hardcover is allowed for lake access stairs within the Oto 75 foot zone. 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. The property owner has submitted the necessary information to process the application 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. Although the applicant has not submitted engineering information for the wall, the City Engineer has reviewed the survey, the contractor's sketch (Exhibit D) and feels that generally the walls are necessary to maintain the slope. It appears that the patio walkway and walls are a nearly in-kind replacement for the previously existing deck and seawalls. One recommendation option for after-the-fact reviews such as this is to require the walls, patios, decking, etc to be removed. In this situation, removal of the walls and walkway to restore a vegetated slope down to the water would result in a lot of earth movement and large area of open, un-vegetated ground. It appears that with the walls in place the slope is stable. Restoration and re-grading the slope would open up the potential to create an erosion problem. Staff would recommend that the walls be allowed to remain however the Planning Commission should discuss the size of the patio walkway which replaced the existing deck. The property owner has planted native grasses to help to screen the walls from the lake. Staff Recommendation Planning Staff recommends approval of the CUP for the retaining walls and a variance for hardcover at a level the Planning Commission deems appropriate. An after-the-fact permit for grading and retaining walls is required to be obtained following any approvals. The applicant should be required to submit an engineer's opinion on the wall construction for the building permit. The evaluation likely cannot occur until the ground thaws. Additional vegetative screening should be provided to help to hide the walls when viewed f lr [hj _ from the lake. ~ I ~ fJ(f(ll~ Cif / !--ftt1µuW'r _~1Shf!J l~L [~ ap17 t i u,,1vV 5 v/J;,, i r 0n 11711.en·S oprn UlYJ , _ {) /) ·• ,,,, A • ,,.,_ -' , • • ,,,,/) ;f)/1.0 ~ ~ f7I rvte l-v-eeft 1 6 UJ --L vnJ I {).-VI ~ r::; /',, ' V r C, 0 MfP--