07-16-2012 Planning Commission Packet

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� a7 -' . . ,5 � Date Application Received: 05/22/12 Date Application Considered as Complete: 06/06/12 � 60-Day Review Period Expires: OS/05/12 7/12/12 60 Day Extension Sent-Expires:10/4/12 To: Chair Schoenzeit and Planning Commission Members � � Jessica Loftus, City Administrator \ � From: Mike Gaffron,Asst.City Administrato � Date: • July 11, 2012 � , Subject: #12-3557 Russell E.Schumer, 955 Tonkawa Road -After-the-fact variance- Hardcover-Continuation of Public Hearing ----------------------------------------------------------------------------------- Zoning District: LR-16,One Family Lakeshore Residentia1,1.0 acre/140' Lot Area: 140,390 s.f. (3.22 acres) Lot Width: 195' at OHWL and at 75' setback line � Application Summary: The applicant is requesting an after-the-fact hardcover variance for construction of a water feature and landscaping constituting excess hardcover within the 75- ' A250'setback zone. `�� PC Action of 6-18-12: Planning Commission voted 5-1 to table this application for a month, pending potential action by City Council to adopt a new hardcover ordinance. � Staff Recommendation: Planning Commission should review the request, determine whether any practical difficulties exist to support the request, then consider making a recommendation to Council as to the variance request based on the current hardcover code. List of Exhibits Exhibit A. Notice of PC Action 7/11/12 • • Exhibit B. , Letter from Applicant's Attorney 6/19/12 Exhibit C. Draft PC Minutes 6/18/12 Exhibit D. Council Minutes re Hardcover Ordinance 6/25/12 � Exhibit E. . Memo and Exhibits of 6/14/12 . Background � Planning Commission reviewed this application on June 18 and appeared to be headed toward a denial of the variances, but tabled the application pending the outcome of the Council action on the proposed hardcover ordinance revisions. Because the proposed ordinance would increase • the allowed hardcover in the 75-250' zone to a square footage equal to 25% of the 0-250' lot • . area, much of the applicant's existing nonconforming hardcover potentially could be retained , under the proposed ordinance. Counci)Action On June 25 the City Council reviewed the proposed hardcover ordinance. Discussion focused on the method used to classify parcels into tiers, and whether the existing hardcover threshold levels were appropriate. A number of definitions and text segments were scrutinized and will likely be slightly modified. Staff was given direction as to additional information to be provided, and the ordinance is expected to be back on the Council's agenda on August 13. At this time it is unknown whether the Council will take action on the proposed hardcover ordinance in August, and equally unknown whether certain provisions that would have a direct impact on the applicant's situation will be adopted.