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Date Application Received: 08/19/09 Date Application Considered as Complete: 10/22/09 120-Day Review Period Expires: 02/19/2010 REQUEST FOR COUNCIL ACTION Department Approval: 11 /1/ ,1 Administrator Approval: Name: Melanie Curtis fV vV' Title: Planning & Zoning Coordinator Item Description: 09-3425 James Johnson, 650 Big Island After-the-Fact Variance & Conditional Use Permit Resolution Zoning District: Lot Area: Lot Width: List of Exhibits: RS Seasonal Recreational District, 5 acre 43,601 s.f. (1.0 acre) 151 feet Exhibit A -Resolution per Planning Commission recommendation Exhibit B -PC Action Notice dated 01/20/2010 Exhibit C -PC Memo & Exhibits of 01/13/2010 Exhibit D -Draft PC Minutes Application Summary: Date: 26 January 2010 Item No . .3 Agenda Section: This application is a request for after-the-fact approval of 0-75' zone hardcover variances and a conditional use permit for retaining walls, lake access stairs, a patio and a walkway constructed without City approvals. A MCWD permit was granted for the rip-rap which replaced the sea wall. It appears that the stairs, patio walkway and walls are a nearly in-kind replacement for the previously existing deck and seawalls. 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 and the contractor's sketch and feels that generally the walls are necessary to maintain the existing slope. Planning Commission Recommendation On January 19, the Planning Commission voted 6 to O recommending approval of the after-the-fact application. Further, the applicant was required to submit an engineer's opinion on the retaining walls for the building permit submission, and a more comprehensive landscape plan for screening the walls from the lake. Planning Staff Recommendation Staff recommends approval of the variances and conditional use permit per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution.