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. , , 2 <br /> Date Application Received: 5/22/07 <br /> Date Application Considered as Complete: 6/22/07 <br /> 60-Day Review Period Expires: 8/21/97 <br /> To: Chair Kempf and Planning Commission Members <br /> Ron Moorse, City Administrator <br /> From: Evelyn Turner, City Planner � <br /> Date: July 16, 2007 <br /> ' Subject: #07-3294 Ron Demshar, 2821 Casco Point Road <br /> • - Conditional Use Permit � <br /> -Public Hearing <br /> ----------------------------------------------------------------------------------- <br /> Zoning District: LR-1C (0.5 acre) . <br /> Lot Area: 0.39 acre <br /> Lot Width: 60 feet <br /> Application Summary: The owner requests an after the fact conditional use permit for <br /> retaining wa11s within the 0 to 75 foot zone to a11ow the existing retaining walls to <br /> remain as constructed. The request includes a hardcover variance to allow the hardcover <br /> associated with the retaining walls to remain when no hardcover is allowed in the 0 to <br /> 75 foot zone. . <br /> Staff Recommendation: Planning Department Staff recommends ap roval. . , <br /> Pertinent Zoning Ordinance Sections � <br /> Sec. 78-966. Prohibition. . � � <br /> (a) It is unlawful for any person to perform or have performed the following land alteration <br /> activities without a conditional use permit issued by the council: <br /> (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade <br /> or shore of lakeshore property. <br /> Sec. 78-1288. Hard cover limitations. <br /> (a) No hazd cover or impervious surface shall be placed, located or constructed within 75 <br /> feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, <br /> landings and lockboxes as regulated elsewhere in this Code. <br /> Sec. 78-91 l. Purpose. . <br /> In order to give the district use regulation the flexibility necessary to achieve the objectives <br /> of this chapter, in certain districts, conditional uses are permitted, subject to the granting of a <br /> use permit. Conditional uses include those uses generally not suitable in a particular zoning <br /> district, but which may under some circumstances be suitable. When such circumstances <br /> exist, a conditional use permit may be granted. Conditions may be applied to issuance of the <br /> permit, and a periodic review of the permit may be required. The permit shall be issued for a � <br /> particular use and not for a particular person. Because of their unusual characteristics, <br /> conditional uses require consideration so they may be located properly with respect to the <br />