01-17-2006 Planning Commission Packet

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i #06-3171 905 West Ferndale Road January 11,2006 Page 2 �' Background Applicants are planning to cosmetically upgrade the existing old garage/shed struchire at the base of the slope west of the house, to n�ake it more usefiil recreationally. The shed has existed for many decades and is consiciered as legally nonconforming, setback 50' from the shoreline. The proposed upgrades are primaxily non-structural, and do not increase the height or bulk of structure, hence no special approvals are required for this upgrade. However, applicants also propose to acid a toilet, lavatory and sii�lc to t11e building; installation of the toilet requires a Conditional Use Permit. Staff has no specific issues with the toilet installation, although it should be noted that the building does not meet condition 17(d) in that it is not conforming in location. However, it is a legally nonconforming buildiiig and cannot be relocated to serve its intended purpose and still be conforniing within the lower west yard, since all locations in that yard are less than 75' from some portion of the shoreline. CUP approval should be subject to the standard conditions for such approval as noted above. Additionally, applicants propose to remove an old detached 16'xl6' deck near the lakeshore south of the accessory building, and replace it nearer the building and further from the shoreline. The existing deck is 11' from the shoreline; the proposed replacement deck will be 33' from the shore. The old deck appears on old airphotos, as does a stairway leading up to the main house, which sits on a plateau 20-25' above the lake. This stairway is also proposed to be reconstructed to include appropriate landings, and it will be relocated further frorn the shore but still within the 0-75' setback zone. The stairway as proposed is an allowed encroachment within the 0-75' zone, and is required to provide reasonable access to the lower level and lakeshore. Overall hardcover on the site will be reduced by 64 s.f. in the 0-75' zone, a reduction from 10.22% to 10.16%. Note that the only prior zoning activity on this property involved reconstruction of the main house in 1984, for which lake setback and hardcover variances were granted; and a guest apartment CUP at that time for replacement of a prior such apartment above the attached garage. That variance application was coinpleted at a time when the City did not require applicants to provide detailed hardcover calculations, and the 0-75' hardcover was estimated by staff at 7-8%, and 75-250' at about 27%. Those numbers reflect an estimated lot area larger than now reported, and staff's conclusion is tllat the curreut site has hardcover generally consistent with what was approved more than 20 years ago. The survey work provided in 1984 was not at a level of detail to show all hardcover on the site at that time. The current survey appears to include all currently existing hardcover, with the exception of a gravel driveway that has long provided access to the lower portion of the property near the municipal sewer lift station at the west end of the property's Ferndale road frontage. The extent and condition of this gravel hardcover is unclear, but the fact that it does not show up in the submittals has no significant impact on the magnitude or viability of the requests. Use of this lower driveway, however, has been challenged by the adjacent property owner Robert Floyd, who has indicated he will be subiiiitting a letter stating a number of objections to the application, with regards to survey accuracy and coinpleteness, an issue of access and trespass, whether tl�e stated hardships are valid, and impacts on neighboring properties. His coirunents, when received, will be attached as �xhibit K.