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AGENDAITEM Item No.: 23 Date: June 12, 2017 Item Description: #17-3940, Jason & Analise Peterson, 4105 Highwood Road, Variances Presenter: Melanie Curtis Agenda Planning Department Planner Section: Report Purpose. This application is regarding variances to rebuild a new home on the property. 2. MN§15.99 Application Deadline. The application was received on April 19; it was considered as complete on May 3'. Therefore the 60 -Day review period expires on July 2, 2017. 3. Background. The applicants wish to remove the existing home which sits about 43 feet from the lake and construct a new home to be attached to the existing garage (constructed with variances in 1996). The new home is to be 5.2 feet from the west property line. The home will maintain a 10 foot setback from the east property line, and be approximately 77 feet from the lake. A three -tiered wood deck was originally proposed to follow the 75 setback line. However, the Planning Commission, siting a desire to be logical, recommended the applicant make changes resulting in the deck encroaching more toward the lake; 7 feet into the 75 -foot setback, as shown on the revised Plans (Exhibit B). The southeast comer of the home will encroach into the average lakeshore setback line approximately 5 feet, the deck in this location will encroach approximately 15 feet (approximately 3 feet more than originally proposed). The proposal results in 28% hardcover. Additionally, the new home will be attached to the existing 3 level detached garage. Because of the existing topography and the garage height, the new home will be 32 feet in defined height where 30 feet is permitted. 4. Planning Commission Comment. On May 15, the Planning Commission held a public hearing and reviewed the application. Following the public hearing the Commission voted 5 to 0 to recommend as follows: a. Denial of the 2 foot side setback for the tiered decks. b. Approval of a side yard setback variance for the new home and tiered decks to be set back 5 feet where a I 0 -foot setback is required. c. Approval of a hardcover variance to permit 28% hardcover where 34% exists and 25% is allowed. d. Approval of a lake setback variance to permit the tiered decks to encroach as much as 7 feet into the 75 -foot lake setback, as well as a hardcover variance for the portions of deck within the 75 -foot setback. e. Approval of an average lakeshore setback variance to permit the new home and tiered decks to encroach as much as 15 feet lakeward of the average lakeshore setback line; and f. A variance to permit a defined principal structure height of 32 feet resulting from the connection of the new home to the existing garage. 5. Public Comment. Comments from neighbors were received before the public hearing. Additional comments from the public were received regarding this application; those comments are attached as Exhibit F. 6. Staff Recommendation. Staff recommendation differs slightly from the Planning Comi-nission's recommendation. Staff recommendation is as follows: Prepared By: V'YIGG Reviewed By: J. Bamhart Approved By: