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#09-3417 & 10-3481 21 June 2011 Page 2 of 2 allow the Kozlaks to proceed with their project or if the project should be reviewed again in light of the foundation review. Discussion: At approximately one half acre, the subject property is one of the smallest on Bohns Point. It has no direct street frontage and access to the property is over a shared driveway easement owned by another property owner. Nearly the entire property is situated within the average lakeshore setback. As illustrated by the attached aerial photos, a mature stand of trees exists on the subject property offering screening from the adjacent homes however this stand of trees also blocks some views of the lake over the property. The trees have been protected by the covenant to ensure they would not be removed by a future owner. As this project was initially reviewed and approved as significant additions to the existing home, the home's proximity to the lake was an issue, yet the Planning Commission and Council did not require the home to be moved further back from the lake to a less nonconforming location. The approval was based on a remodel and the setback and hardcover variances were granted with this in mind. Historically, when presented with a tear-down situation the City strives to remove as much nonconformity as possible. In the case of a tear-down review of this property the City may have encouraged the property owner to move the new home further from the lake. However, what the Kozlaks are requesting is going to result in essentially the same structure being constructed as was previously approved; no expansion of the home will result from the construction of a new foundation. Additionally, the approved certificate of survey has a high level of accuracy; however the approved house plans are sketches which proved to have some functional issues to work out when it came time to draw architectural plans. The approved sketches/plans reflected some dysfunctional spaces; did not adequately allow for a legal stair to the second story; and the elevation views revealed conflicts between the roof structure and the interior layout. The Kozlaks have designed a home which generally meets the approvals granted to the Moseleys. Their architects have drawn plans which are slightly different than the approved plans however do not exceed any of the approvals granted to the Moseleys. Additionally, the Kozlaks' plan results in a reduction in hardcover from approved levels. The Moseley's plan reflected 25.4% hardcover within the 0-75' zone and 32.5% hardcover within the 75'-250' zone; the Kozlaks' revised plan results in 21% hardcover within the 0-75' zone (400 square feet less) and 32.4% hardcover in the 75'-250' zone (5 square feet less). Planning Staff Recommendation The protective covenant for the trees will remain in place, hardcover levels will decrease and the home constructed will not exceed the approved plans. Staff recommends the Kozlaks be allowed to proceed with their application for a building permit for their home. COUNCIL ACTION REQUESTED The City Council should allow the project to proceed or direct staff to refer the Kozlaks to the Planning Commission for a review of the plans based on the need for a new foundation.