09-16-2019 Planning Commission Packet

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FILE#LA19-000069 16 Sept 2019 Page 3 of 10 Applicable Regulations: Lot Area Variance(Section 78-350) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met;such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer;and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's request for structural, hardcover, and setback variances results in the property's inability to conform to all of the standards above. Therefore, lot area variance is required in order to redevelop the property.The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Front and Rear Setback Variances (Section 78-350) The property is approximately 150 feet wide however,the property's±95 feet of depth introduces challenges.This is illustrated particularly when the average lakeshore setback (approximately 44-feet from the OHWL) is applied to the property, in addition to the 75-foot lake setback and the 30-foot rear yard setback.These required setbacks eliminate a legal building envelope, completely rendering the property"unbuildable." Crystal Bay Road properties share many of these setback versus lot depth challenges. The City has dealt with this conflict by applying a higher priority to some of the setbacks. For example, the average lakeshore setback has been relied on more heavily than the 75 foot lake setback because of the possible impact to adjacent homes. That said,the applicant's proposed 6.3'foot setback on the rear of the home may not afford reasonable separation from the rear property line. Note that setback is measured at the foundation,typical improvements, including roof overhangs will encroach up to 4.3'from the rear property line as well. Further, Staff would suggest the planning commission consider requiring a minimum 10 foot setback on the rear. Further,there is an existing fence which encroaches up to 20 feet on to the Hennepin County Regional Rail Authority (HCRAA) property which the applicant indicates is to be protected and kept. Staff would recommend its removal unless expressly permitted by HCRAA. Removals, silt fencing placement, any staging, or any activity within the HCRAA property will require a temporary access permit from HCRAA. Lake Setback Variance (Section 78-1279) The 75-foot setback from the OHWL leaves only 20 feet of lot area,which is also covered by the required 30-foot rear yard setback.There is no buildable area.The new home, while proposed to meet the average lakeshore setback, includes retaining walls and hardcover within the 75 lake yard. The proposed hardcover level of 49.6% is a 1,843 square foot increase from the existing conditions.The increase is primarily resulting from the increased building coverage.The