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. FILE#05-3074 <br /> 6 January 2005 <br /> Page 5 of 5 <br /> - One concei7i the applicants' have is how this situation has potentially damaged their <br /> prospect for variances for a home expansion iu the near fiiture regarding hardcover <br /> removals etc. <br /> Hardship Statement <br /> Applicant has completed tlie Hardship Documentation Fonn attached as Exhibit B, aud <br /> should be asked for additional testimony regarding the application. <br /> Hardship An�lysis <br /> I�i cor�sidering applicntious for >>arin�rce, tlte Plnrrriiiig Curunrissioii shall consider 1/te effect of t/te <br /> p�•uposed vuriai�ce irpo�i t{�e health,safety an�l�velfare of d�e co��rnriu�ity, existi��g antl anficiputed trrcffrc <br /> co�rrlitions, !ig/�t niid air, da�iger of fire, ��isk to t/ce puG[ic safety, a�id the effect oii valires of property iir <br /> tlre sru•rou�irliieg a�•ea. T/�e Plan�ring Cu��«feissior� slrrill cousider recomnie�tdiiig uppruva! f'oi•varia�:ces <br /> fro»i tbe literal provisions of tlre Zoni�ig Code i�i iirstrrnces wlre��c tlieir strrct enforcement would cause <br /> [uidtte Jtardsltip because of circtunslnrtces uiiique tn tlte i�idividual propert�� unde�• co�:sirleratroit, a�rd <br /> sJrall reco�nureud approval nnly rvl�est it is denronstruted thut such rtctinns will be in. keeping tvit/i the <br /> spirit and inte�it of tlie Oi�ono Za�ii:g Code. <br /> Staff finds that there is no hardship inherent to the land to justify granting the conditional <br /> use pennit for the grading or a variauce for tliis type or ainount of hardcover within 75' <br /> of the lake. City Code Section 78-1282 provides properties with steep slopes a stair <br /> access to the lake yard rather than conducting extensive topographic alterations. A <br /> niajority of the boulder hardcover is strictly aesthetic, as the boulders are serving as <br /> borders and not retaining any soil. There are a couple of areas where there is soil <br /> retention by the walls, namely the areas of the two graded walkway slo�es. I�i staff's <br /> opinion these graded walkways are umiecessary as a partial stair system currently exists <br /> and would only need to be extended for lake access. <br /> Additions of boulder borders and related non-structural hardcover in the 75'-250' zone <br /> would not have required a City pernlit, although tlus installatioil places the 75'-250' zone <br /> out of hardcover compliance. However, the grading and hardcover additions iii the 0-75' <br /> zone bring the entire property's hardcover status under review. Since the additions of the <br /> Uoulder borders and flagstone patio areas have increased the hardcover level above the <br /> perniitted ainount witlun the 75' — 250' zone the Plaimiug Commission should discuss <br /> whether or not to grant a variance to allow the current level, or recoirunend removal of <br /> the 1587 s.f. of overage. <br /> Issues for Cousideration <br /> Does the Plaiuling Commission feel that there is justification or hardslup for the <br /> excessive hardcover in either the 0-75' zone or the 75'-250' zone? <br /> Are tllere any other issues or concerns with this application? <br /> Staff Recommend�tion <br /> Platuliug Staff recoilunends removal of the hardcover in the 0-75' zone and 75'-250' <br /> zones that is not strictly necessary for lake access or slope stability, <br /> 5 <br />