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#04-3042 October 18, 2004 Page 1 of4 Date Application Received: 7-21-04 Date Application Considered as Complete: 10-8-04 60-Day Review Period Expires: 12-7-04 To: From: Date: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Janice Gundlach, City Planner~ October 14, 2004 *PLEASE VISIT SITE* Subject: 04-3042, Pillar Homes on behalf of Roger & Carol Rovick, 1625 Bohn's Point Road, After-the-Fact Conditional Use Permit for Fill, Public Hearing Zoning District: Lot Area: Lot Width: LR-lB, One Family Lakeshore Residential District (1 acre min.) 1.691 acres (73,679 s.f.) 127.5 feet@ shoreline, 130 feet@ 75' setback Application Summary: Applicant requests an after-the-fact conditional use permit to allow 3,940 cubic yards of fill when 1,650 cubic yards was approved at the issuance of building permit and 500 cubic yards requires a conditional use permit. Staff Recommendation: Staff recommends that the Planning Commission determine if the additional fill creates a negative visual situation for the directly impacted neighbors and neighborhood, and whether or not the additional fill, above 1,650 c.y., should be permitted. Staff recommends that the final approval stipulate conformance with the City Engineer's memo, attached as Exhibit F, and that a plan meeting those stipulations is submitted and approved by the City Engineer, prior to final approval by the City Council. A final Certificate of Occupancy will be held up until that approved plan is implemented. Pertinent Zoning Ordinance Sections Sec. 78-1286. Topographic alterations/grading and filling. (2) For movement of more than 500 cubic yards of material within the shoreland overlay district, conditional use permit approval by the city council is required in addition to the required land alteration permit. Sec. 78-966. Prohibition. (a) It is unlawful for any person to perform or have performed the following land alteration activities without a conditional use permit issued by the council: (1) Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore oflakeshore property. (b) All land alterations involving filling and grading shall be performed only