06-18-2012 Planning Commission Packet

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. i 1 � J Date Application Received:04/26/2012 Date Application Considered as Complete:05/07/2012 60-Day Review Period Expires: 7/06/12 To: Chair Schoenzeit and.Planning Commission Members From: Michael P. Gaffron, Asst. City Administrator Date: June 11, 2012 Subject: #12-3555 David Fox on behalf of the Katherine M. Fox Trust, Bill C. Fox, Trustee 1095 Ferndale Road West Variances & Conditional Use Permit - Public Hearing ------------------------------------------------------------------------------------ Zoning District: LR-1A One Family Lakeshore Residential District (2 acres) Lot Area: 55,410 s.f. (1.27 acres) Lot Width: 176' @ OHWL& 174' @ 75' setback _ Application Summary:Applicant is requesting approval of variances and a conditional � �. use permit originally granted via Resolution No. 5872 on October 29,• 2009 and renewed�via Resolution No. 6038 on April 25, 2011. In order to construct a replacement residence the applicant was granted a conditional use permit to rearrange the floodplain on the property and variances for lot area and width; lakeshore setback; average lakeshore setback; floodplain setback; and 0-75' hardcover. The original approvals and extension have, expired; applicant is requesting that the identical approvals be re- granted per the terms of the prior approvals. Sfaff Recommendation: Planning Staff recommends approval of the requested approvals per the conditions of the prior approvals. List of Exhibits Exhibit A. Resolution No. 5872 Exhibit B. April 2011 Renewal Request and Council Minutes 4/25/11 Exhibit C. Renewal Resolution Na 6038 Exhibit D. 2012 Application Exhibit E. Approved Survey/ Site Plan with Staff Notations Exhibit F. Original Draft Building Elevation Views and Footprint Exhibit G. Plat Map Exhibit H. Neighboring Property Owner List Exhibit I. Municipal Code Section 78-129: Variance Extension Background In 2009 variances and a conditional use permit were granted for construction of a new residence to replace the existing home and outbuildings at 1095 Ferndale Road West. This was a unique and complex application involving a proposed house that potentially would never be built, with an expectation by all parties that a potential buyer will have a much better understanding of the limitations of the lot based on the variance and CUP approvals. When an actual buyer comes forward, it is very possible that a complete new application will be presented for variance approval. For now, applicant's intent is to be able to sell the lot as buildable with a specific plan in place. The existing structures on the property are in the beginning stages of disrepair. The property owner would like to remove the buildings on the property before they become hazardous, At