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. ' t • � <br /> . . <br /> FILE 07-3294 <br /> July 16,2007 <br /> Page 2 of 2 <br /> objectives of this chapter and the comprehensive municipal plan and with respect to their <br /> effects on surrounding properties. In order to achieve these purposes, the council is � <br /> empowered to grant and to deny applications for conditional use permits and to impose <br /> reasonable conditions upon the granting of these permits. <br /> Sec.�78-916. Granting of permit. <br /> (a) The planning commission may recommend and the council may grant a conditional use <br /> permit as the use permit was applied for or in modified form, if on the basis of the <br /> application and the evidence submitted the city makes the following findings: <br />� (1) That the proposed location of the conditional use is in accord with the objectives of this � <br /> . ' chapter and the purposes of the district in which the site is located and the comprehensive <br /> municipal plan; � � <br /> (2) •That the proposed location of the conditional use and the proposed condition under <br />� which it would be operated or maintained would not be detrimental to the public health, <br /> safety or welfare, or materially injurious to properties or improvements in the vicinity; and <br /> ' (3) That the proposed conditional use will comply with each of the applicable provisions of <br /> this chapter. � . <br /> List of Exhibits <br /> A. Application � ' <br /> B. Plat Map . <br /> C. Wall Plan � <br /> • D. Property Owners List <br /> E. Photographs of Wall taken by Applicant and Staff <br /> F. City Engineer's Report <br /> ' Background <br /> The Applicant's property has a steep lakeshore, with the top of the slope about 25 feet above <br /> the lake. Sometime between April and September 2006 the Applicant hired a contractor to <br /> replace a retaining wa11 and add additional walls above it. Neither the contractor nor the <br /> Applicant realized that City approvals were required. Staff spotted the walls on the annual <br /> shoreline inspection boat trip. <br /> Issues for Consideration � <br /> The City Engineer has determined the walls are necessary to maintain the slope. It appeaxs <br /> no significant irees were removed to construct the walls while two large trees were protected <br /> from being undermined by erosion. The walls are constructed of brown-stained timbers.•The <br /> Applicant has planted large shrubberies between the walls to control erosion and obscure the • <br /> walls. <br /> The deck is not part of this application. It was there before the walls were constructed. <br /> Are there any other issues or concerns with this application? <br /> Staff Recommendation • <br /> Planning Staff recommends approval of the conditional use permit for the retaining walls and <br /> of a variance for the associated hardcover. - <br />