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Date Application Received: 06/23/16 <br />Date Application Considered as Complete: 08/03/16 <br />60 -Day Review Period Expires: 10/02/16 <br />REQUEST FOR COUNCIL ACTION <br />Date: August 31, 2016 <br />Item No.: 11 <br />Department Approval: Administrator Approval: Agenda Section: <br />Name: Michael P. Gaffron Y"-4 Planning Dept. <br />Title: Senior Planner <br />Item Description: #16-3848, Peter Johnson o/b/o Michael & Janelle Shields, 364 Westlake St. <br />- Conditional Use Permit (After -the -fact) <br />Zoning District: LR -IA, One Family Lakeshore Residential, 2.0 acre/200' width <br />Lot Area: 62,242 s.f. (1.43 ac.) <br />Lot Width: 250+ feet at 75' lake setback line <br />List of Exhibits <br />A — Resolution for Adoption <br />B — Notice of PC Action 8/31/16 <br />C — Draft PC Minutes of 8/15/16 <br />D — Planning Commission Memo and Exhibits dated 8/11/16 <br />Application Summary: The applicants are requesting after -the -fact approval of a conditional use <br />permit (CUP) for a 4' high retaining wall located less than 2' from the side lot line and within a <br />dedicated drainage and utility easement. <br />Please review the attached Planning Commission memo and exhibits. <br />Planning Commission Recommendation: The Planning Commission reviewed this application <br />and held a public hearing at its August 15th meeting, and voted 4-0 to recommend approval of <br />the conditional use permit as proposed, subject to the owner entering into an Encroachment <br />Agreement with the City, such Agreement to include language allowing the wall to be replaced <br />in kind by the owner without further City approvals, in the event that the City removes or <br />requires removal of the wall for some purpose and such replacement is not in conflict with the <br />City's use of the easement area. <br />Staff Recommendation: Staff recommends approval per the Planning Commission <br />recommendation. A Resolution for approval is attached for Council consideration and adoption. <br />COUNCIL ACTION REQUESTED <br />Motion to adopt or amend the attached resolution entitled A Resolution Granting a Conditional <br />Use Permit Pursuant to Municipal Zoning Code Sections 78-966 through 78-968 and 78-1405 <br />— File No. 16-3848. <br />