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Request for Council Action continued page 3 of 4 March 9, 1995 Zoning File #1992 found no acceptable hardship to allow a new curb cut on the public roadway. Applicants had agreed to originally install a grass drive and also have an option to relocate a connecting drive from the main access drive out of the 0-75'. Applicants have submitted an amended site plan, review Exhibit 0, that shows the 10' drive being removed and replaced with a grass lawn. In the original hardcover facts presented to the Planning Commission, hardcover in 0-7 5' was shown at 16% +. This resulted with the inclusion of the 20,591 s.f. of public road area. Hardcover improvements in the 0-75' are actually at less than 1 % . The code does not allow the area of public roads to be included in buildable lot area facts. Planning Commission members found acceptable hardships to allow the repair of the Jundt' s retaining wall at the only exterior access to the greenhouse. As for the paved pathway from the lake deck and stairs, they found the path had been installed at a 4' width which met the standard for access stairs or access ways for lakeshore lots with steeper topographies also noting that a paved path had been shown on original plans and at an 8' width. The structural repairs to either the greenhouse addition of the oversize accessory structure and the detached three stall garage did not involve the complete replacement of the structures and involved structural/cosmetic repairs to existing portions of structure. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the application as amended excluding the paved drive within the 0-75' setback area based on the hardships noted above, subject to the following conditions: 1. Removal of the 10' wide paved drive within the 0-75' setback area must be removed prior to City's issuance of building permit for restoration of structures. Groundcover must be restored to the disturbed area no later than May 15, 1995. 2. Applicants to provide written confirmation of a date when the new septic system serving principal structure and detached caretaker residence is to be installed. The applicants' attorney has been advised that sewering Bracketts Point would require a Comp Plan amendment. The Bracketts Point neighborhood was found to have adequate and suitable areas for septic expansion and was classified as the lowest of the defined ten hot spots as to the need for sewer. The issuance of the original building permit for the repairs to the principal structure and caretaker residence was conditioned on applicants agreeing to install a new septic system once the City had resolved the issue of potential sewering of the area. A temporary certificate of occupancy has been issued for the principal residence and the City granted a conditional use permit for the continued use of the caretaker residence. It is imperative that a new system be installed during the next construction period for 1995.