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AGENDA ITEM <br />Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. This application is regarding a variance in order construct an 18’x8’ addition on the <br />rear of the existing home within the rear setback. <br /> <br />2. MN§15.99 Application Deadline. The application was received and considered to be complete <br />on February 20. Therefore the 60-Day review period has been extended and will expire on June <br />20, 2019. <br /> <br />3. Background/ Summary. The applicant is requesting a rear yard setback variance to construct an <br />18’x 8’ addition resulting in a setback from the rear lot line of approximately 1.2 inches. The <br />existing hardcover level is 42.9%; the proposed addition will be constructed over an existing <br />patio. No new hardcover is proposed. Due to the change in the nature of the nonconforming <br />hardcover, an expansion from non-building to building, a hardcover variance is required. It is not <br />known when this patio was installed. <br /> <br />Hennepin County Regional Rail Authority is the property owner to the rear. Their comments are <br />included as Exhibit D. Both staff and the property owner have discussed this project with Jessica <br />Galatz, the HCRRA representative. Ms. Galatz indicated that the applicant’s agreement to remove <br />the shed encroachment, the applicant’s changes to the plans in response to Roger Peitso’s <br />comments help to alleviate their concerns with the application. Additionally, Ms. Galatz indicated <br />that the proposed grading for the addition and future home maintenance can be accommodated <br />through temporary access permits. <br /> <br />4. Planning Commission Vote and Comment. On March 18, 2019, the Planning Commission held <br />a public hearing. Following the public hearing the Planning Commission voted 4 to 2 in favor of a <br />motion to approve the requested variances. <br /> <br />5. Public Comment. Comments were received and are attached as Exhibit D. <br /> <br />6. Staff Recommendation. Staff does not support the variance reducing the rear yard setback from <br />7.4 feet to 0.1 feet. In staff’s view, the burden of proof to present practical difficulties to support <br />that level of variance has not been met. <br /> <br />COUNCIL ACTION REQUESTED <br />The Council should make a motion directing staff to draft a resolution for approval or provide findings for <br />a denial resolution to be reviewed and adopted at the April 22nd meeting. <br /> <br />Exhibits <br />A. Proposed Plans <br />B. 60-day Extension <br />C. Draft PC Minutes <br />D. Public Comment <br />E. Architect Response <br />F. PC Staff Report <br /> <br />Item No.: 16 Date: April 8, 2019 <br />Item Description: LA19-000011, Julie Lensing, 3349 Crystal Bay Rd, <br />Variances <br />Presenter: Melanie Curtis, <br />Planner <br />Agenda <br />Section: <br />Planning Department <br />Report