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AGENDAITEM Item No.: Date: April 10, 2017 Item Description: #17-3912, Bruce Birkeland, 1298 Wildhurst Trail & Lot 3, Block, Wildhurst, Variances Presenter: Melanie Curtis Agenda Planning Department Report Planner Section: 1. Purpose. This application is regarding variances to facilitate a lot line adjustment to create a second lakeshore lot. 2. MN§15.99 Application Deadline. The application was received on February 21, 2017; it was considered as complete on February 23'. Therefore the 60 -Day review period expires on April 24, 2017. 3. Background. The applicant owns three lots on Wildhurst Trail. Two of the lots are the subject of this application: Lot 2, Block 1, Wildhurst (addressed 1298 Wildhurst Trail), and Lot 3, Block 1, Wildhurst (unaddressed). Currently Lot 2 is a lakeshore lot and Lot 3 is not. An application for a subdivision exemption was submitted to permit an administrative lot line rearrangement (also known as a boundary line adjustment) between the two properties in order to reconfigure (create) Lot 3 as a lakeshore lot. Based on the information provided, there is not sufficient width at the ordinary high water level and at the 75 -foot setback as required by the Code to support the new lake lot. Further, the existing home reduces options, almost certainly requiring a side yard setback variance. New non -conformities are created, variances are necessary to process the boundary line adjustment. 4. Planning Commission Comment. On March 20, 2017, the Planning Commission held a public hearing and reviewed the application. The Planning Commission felt the request was "reasonable", however they struggled with the lack of practical difficulty as needed to support the variance. Following the public hearing the Commission voted 5 to 0 on a motion to recommend denial. The Commission further recommended the applicant provide additional practical difficulties analysis to support their request prior to consideration by the City Council. 5. Public Comment. Comments from the public were received regarding this application and were included as an exhibit to the Planning Commission report. Additional comments were made at the meeting; please refer to the Planning Commission minutes attached as Exhibit D. 6. Staff Recommendation. Staff has received a revised practical difficulty form from the applicant. Staff does not feel they adequately support the variances requested. The Council could refer the application back to the Commission, or make a decision based on this new information. The lots are currently conforming. Therefore, Staff recommends denial of variances for lot width to create the new lakeshore lot. If the applicant is able to show both lots can meet the required 140 - foot standard at the OHWL and at the 75 -foot setback, staff would support a side setback variance for the existing home. COUNCIL ACTION REQUESTED Direct Staff to draft a resolution regarding Council's decision for consideration at the April 24 th meeting. Prepared By: MOO Reviewed By: J. Bamhart Approved By: