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Date Application Received: 04-21-04 <br />Date Application Considered as Complete: 04-28-04 <br />60-Day Review Period Expires: 06-28-04 <br />REQUEST FOR COUNCIL ACTION <br />Date: June 1, 2004 <br />Item No <br />Department Approval: <br />Name: Melanie Curtis ~ <br />Title: City Planner <br />Item Description: <br />Administrator Approval: Agenda Section: <br />Zoning <br />#04-3012-Roger D. O'Shaughnessy, 1265 Brackett's Point Rd-CUP & Variances -Resolution <br />Zoning District: <br />Lot Area: <br />Lot Width: <br />List of Exhibits: <br />LR-lA, Single Family Lakeshore Residential, 2-acre minimum <br />144,491 s.f. (3.3 acres) <br />650'+ (measured at a line parallel to the shore) <br />A -Resolution per Planning Commission Recommendation <br />B-PC Action Notice dated May 19, 2004 <br />C -PC Memo & Exhibits of May 11, 2004 <br />Application Summary: The applicant is requesting the following: <br />1. A hardcover variance to allow 438 s.f. of hardcover within the 0-75' zone in order to construct <br />a 4' wide boardwalk to the shore ending with a 177 s.f. landing. <br />2. A lake setback variance in order to construct a wire mesh fence along Brackett' s Point Road <br />within 75' of the OHWL extending to the northeast 56' 3". <br />3. A conditional use permit and variance to allow grading, filling and retaining wall construction <br />within the floodplain. <br />4. A conditional use permit in order to construct chimneys 40' 8" in height where 30' is allowed <br />and a 50% height increase is permitted by conditional use permit. <br />Planning Commission Recommendation <br />On May 17, 2004, Planning Commission voted 5-2 to recommend the following: <br />1. Approval of the conditional use permit to allow chimney heights of 40' 8" where a 30' <br />maximum is normally allowed. <br />2. Approval of the variance and conditional use permit for construction and fill within the <br />floodplain incorporating the recommendations of the MCWD and the City Engineer. <br />3. Denial of the hardcover variance for hardcover within the 0-75' setback zone. <br />4. Denial of the variance to allow a fence within 75' of the lake. <br />The two dissenting Commissioners felt that the proposed floodplain restoration was a valuable <br />project however; they wanted to support approval of the hardcover variance for the boardwalk within <br />75' of the OHWL for the floodplain restoration project.