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FILE #04-3012 <br />May 3, 2004 <br />Page 5 of 5 <br />Staff does find a hardship by which to grant the request to fill and construct retaining <br />walls within the floodplain. This is due to the low nature of this property and a <br />significant portion of the south half of the lot is within the floodplain rendering it <br />unbuildable. The retaining walls and alterations are in part to allow the property owner <br />access to the property during wet periods and to control the stormwater run off from the <br />street. <br />Issues for Consideration <br />I. Does the Planning Commission find that a hardship exists due to the flat lot to <br />justify granting the hardcover within the 75' lake setback to allow the boardwalk <br />and landing? <br />2. Does the security issue justify the 0-75' fence request, or are there other options <br />for demarcation and/or limiting pedestrian or traffic onto the property? <br />3. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Planning Staff recommends the following: <br />I. Approval of the conditional use permit to allow chimney heights of 40' 8" where <br />a 30' maximum is normally allowed. <br />2. Approval of the variance and conditional use permit for construction and fill <br />within the floodplain incorporating the recommendations of the MCWD and the <br />City Engineer. <br />3. Denial of the hardcover variance for 550 s.f. of hardcover within the 0-75' <br />setback zone. <br />4. Denial of the variance to allow a fence within 75' of the lake.