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MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING FILE #1438-PILLSBURY CONTINUED high retaining wall to the driveway only. Beyond the driveway, the wall was required to be 3.5'. However, applicant chose not to proceed with this application because she preferred to have the wall at one continuous height. There were no comments from the public regarding t.hil� matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Johnson, to recommend approval of application 01438, for a 6" height variance for a serpentine brick wall. Motion, Ayes-5, Nays-0, Motion passed. #1439 LAM►RSNCE B. LANGHANS 1366 RUT POINT ROAD AFTER -TER -FACT CONDITIONAL USE PERMIT/VARIANCE PUBLIC 6EARI1IG 6:50 P.M. TO 8:53 P.M. The Affidavit of Puhlication and Certificate of Mailing were duly noted. The applicant was present for this public hearing. Assistant Planning and Toning Administrator Gaffron informed the Planning Commission that the applicant was seeking after -the - fact approval for a deck and retaining walls in the 0-75' setback zone. Gaffron said that at one time there was a boathouse, but in the 1987 :'-orms the boathouse was damaged beyond repair. The applicant removed the damaged structure, but left a portion of the concrete walls to act as a retaining wall for the bank. Mr. Langhans then built a deck using the pre-existing foundation as partial footing. The applicant is also constructing another section of retaining wall adjacent to the deck. He said that it was staff's recommendation that the foundation should remain because it is helping to stabilize the bank. Staff also believes that the retaining walls are '_so necessary. Gaffron noted that there were several letters F orting this application. There were no comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Johnson stated that if this application were not after -the -fact, the Planning Commission would not have recommended approval to build the deck. He felt that they were now forced t 3 act and that Mr. Langhans should have been aware of the City's codes and ordinances due to his profession as a rea ltor. Mr. Langhans explained that he had done what was necessary to prevent further erosion. Johnson noted that the City was issuing emergency permits for bank stabilization after the July, 1987 storm Mr. Langhans also mentioned that he had reduced hardcover. Gaffron sai _hat r.�movinq the concrete wall wcul,t prf % i.`*- 12