03-19-2012 Planning Commission Packet

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. � � The allowable building footprint is primarily limited by the Bluff Setback and Bluff Impact Zone restrictions. We believe these regulations are overly restrictive for this Lot and are mitigated by the following: i) Prior to the implementation of regulatory restrictions, the "Bluff Impact Zone" was significantly improved and has not resulted in any erosion. This hillside area was leveled for a driveway and cleared of all vegetation sometime between 1870 and 1910. As a result, this is very different from the typical situation of protecting against erosion of undisturbed land. It is important to note that no material erosion has occurred from this driveway bed in more than 100 years. The proposed building footprint maintains at least a 15' setback from the downhill side of this driveway bed. Precludin� anv buildin� in an area above an improved road bed that has a slope of considerablv less than 30% seems inconsistent with the spirit and intent of these re�ulations. ii) . No grading will be required at the rear of the proposed building footprint, and only a ,, ':7;' minimal amount on each side as the natural grading of the proposed sight is ideally suited to a walkout basement. iii) It is not clear that the 30%threshold definition of a "bluff" exists throughout the Lot. Ambiguity in the definition and variations in the calculation of any "bluff" has resulted in calculations that range from 28.9% to 31.2% by the surveyor of this Lot. Differing lines can be drawn and varying calculations are possible based upon potential locations of a structure on the Lot. While the landowner reserves the right to challenge the determination of whether a "bluff" exists, this proposal would position the house nearly 135' from the lakeshore and 60' further from lakeshore than if the 30% threshold were not met throughout the entirety of the Lot. The proposed variance meets, and in many ways exceeds, the intent of the regulation for a Bluff Setback. iv) In the area near the proposed building footprint, the degree of slope is significantly less than the rest of the lot and well below the 30% threshold. City inspectors and council members are encouraged to stand on the driveway bed and make their own assessment. The city's own drawings depict a significantly lower slope near their defined Top of Bluff. � v) This is a wooded hill protected from erosion by trees that will be maintained on the hill to prevent erosion. No trees will be removed on or below the driveway bed. We are also requesting a reduction of the Front Setback variance to 30'. The property is at the end of a private wooded road and the proposed changes would not change the character of the neighborhood. In fact, we are seeking approval of a significantly more restrictive set of setback measurements than what exist for the adjacent property's tennis court.