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REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Melanie Curtis ~ Title: Planning & Zoning Coordinator Item Description: Date: 21 June 2011 Item No.£ Agenda Section: Nick & Jodee Kozlak -1635 Bohns Point Rd -Foundation Engineering Report-Revisit Variance Approval Zoning District: LR-1B, One Family Lakeshore Residential, 1 acre/140' width Lot Area: 0.46 acre Lot Width: 117 feet List of Exhibits: Exhibit A. Kozlak Plans Exhibit B. Kozlak Hardcover Cales Exhibit C. Resolution No. 5860 Exhibit D. Moseley Approved Plans Exhibit E. Moseley Approved Hardcover Cales Exhibit F. Foundation Report and Coverletter Exhibit G. Aerial Photos-Bing 2010 Exhibit H. Tree Covenant Exhibit I. Council Minutes of 08/10/09 Exhibit J. Council Minutes of 08/24/09 Application Summary: In 2009 Stephen and Susan Moseley applied for and received average setback, lake setback and hardcover variances in order to construct living space and garage additions to the existing residence on the property. The limitations of the lot including size, proximity to the lake and the significant tree cover were cited as hardships supporting the approvals. In April of 2010, having reviewed the approvals granted to the Moseleys, Nick and Jodee Kozlak purchased the property. The Kozlaks have been working through the plans approved by Resolution No. 5860 to design their project. The variance approval has been extended twice by the Kozlaks and remains in effect. Also included under the variance approval was a condition requiring the Moseley's to grant a restrictive covenant to the City to protect all of the existing trees on the property. In order to proceed with the project the Kozlaks had an engineer review the stability of the foundation under the existing home. The engineer's recommendations states that in order to support the proposed additions removal of the foundation walls and footings would be necessary; the engineer review is attached. This is notable because Resolution No. 5860 includes a condition (#7) which states: "Should further investigation into the quality of the foundation reveal a need for significant repairs the City Council shall review and either approve of the repairs in order for the project to continue or require modifications to the variances as granted ... ". Based on this condition before moving forward, the Council must determine whether or not to