06-20-2005 Planning Commission Packet

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#OS-3100 June 20,2005 - Page 3 of 3 was cienied at 4753 Nortl� Shore Drive—Miiu�etonlca Custom Homes). Staff feels a formal easement allowing tlie wall over the lot line would most cleanly address the ownership and maintenance issue, should that pai�t of the wall fail iii the futt�re and new owners no longer understanci the original agreement or interrt of the wall design. No formal easement has been proposed by the applicatit, but rather an agreement, which is attached as Exhibit E. • A specific screening plan hasn't been rec�uested or submitted. Does the Planning Conullission want to see a screening plan? Issues for Consideration l. Should the grading plan include the requirement of a rain garden, or similar physically graded landscape feature, which would prevent erosion of the lakeshore yard and subsequently negative impacts to the lake? 2. Is the Plamiing Conunission conlfortable with the agreement submitted regardiilg the encroaching retaiiung wall? 3. Sholild a wall screening plan be submitted as part of the conditional use permit? 4. Are there any other issues or concerns with this application? Staff Recommendation 1. Approval of the requested lot area and lot width variances. 2. Approval of the conditional use permit to allow retainuig walls and grading within 5' of the lot line, however the plan submitted and attached to this report as Exhibit A must be revised prior to Council review petiding conclusions by the Commission regarding the following: • Requirement of a raiii garden or an alternate graded landscape feat�ire that will spread water out over a wider area where the swales coilverge on the lake side of the walls, rather tha.n concentrating the water at the end of the swales to a single point, • The wall design should be revised on the grading plan whereby the tail end of the wall extends over the lot line. Tlie length of tlus wall should be minimized, • Agreement with adjacent property owner on the ownership and maintenance of the wall constructed over the lot line, • Screening of the walls from the lake.