01-09-2017 Council Packet - Laserfiche WebLink

Home Browse Search

Date Application Received: 11/17/16 Date Application Considered as Complete: 11/17/16 60 -Day Review Period Expires: 01/16/17 Department Approval: Name: Melanie Curtis �YIGG Title: Planner REQUEST FOR COUNCIL ACTION Council Exhibit B 16-3885 Date: 5 December 2016 Item No. Administrator Approval: Agenda Section: Planning Item Description: #16-3885, Hans & Sharon Bergh, 2800 Shadywood Road, Variances — PUBLIC HEARING Application Summary The owners plan to demolish the existing home and detached garage on the property; construction of a new home and detached garage is planned. The following variances are required in order to redevelop the property: lot width, lot area, lake setback, rear setback, garage size, and floodplain fill setback. The new home and garage must be constructed to conform to the City's floodplain regulations; the lowest floor of structures must be at or above the regulatory flood protection elevation (RFPE) of 932.5'. The Minnehaha Creek Watershed District requires a 933.5' elevation for all openings on the living space portion of structures. The applicant's proposal contemplates cutting and filling within the property in order to elevate the proposed home and garage to meet the low floor requirements of the City's floodplain regulations. Floodplain Filling Setback Variance (78-1125(a)) On lots with 65 -feet of width or greater, the City's floodplain regulations require all structures elevated on fill material to have the fill material continue outward around the elevated portion of the structure for a distance of 15 feet. The subject property is approximately 130 feet wide therefore the 15 -foot fill requirement must be met. The property's orientation between the road and the lake, and the 75 -foot lake setback from the lakeshore on the north and the channel on the east make siting the home difficult without a variance. The 10 -foot LR -113 district side setback can be met, however there is not sufficient room on the side of the home to fully comply with the 15 -foot perimeter fill requirement. The applicant requests a variance to this code provision. Lake Setback Variance (Section 78-1279) & Rear Setback Variance (Section 78-1434(3)) Also Expansion of a nonconforming OAS (Section 78-1434(2)) A portion of the new home will be within the channel 75 foot setback. The owners are rebuilding a legally nonconforming portion of the footprint in order to maximize the width of the new home; no variance is required for this portion of the home. The owners propose to reconstruct the existing nonconforming detached garage in the existing location. The existing detached garage is nonconforming with respect to setbacks as well as size. The property is less than 1.0 acre and is limited to an accessory building with a footprint of 1,000 square feet maximum; the existing building is 24.4' x 44.3' or 1,080 square feet. The garage is proposed to be rebuilt with a slightly smaller 44' x 24' footprint (1,056 square feet). The increase in sidewall height constitutes an expansion of a nonconforming building and a variance is required. Additionally, because they are required to elevate the floor of the garage to meet the City's floodplain regulations and propose to raise the sidewall height slightly to accommodate a taller door for better access, setback variances are required. The garage is located 40.9 feet from the OHWL of the channel where a 75 foot setback is required; and 24.3 feet from the rear (Shadywood) property line where a 30 foot setback is required.