06-24-2019 Council Packet - Laserfiche WebLink

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AGENDA ITEM Item No.: Date: June 10, 2019 Item Description: #19-000028, Steve Eggert, o/b/o Lake West Development, LLC, unaddressed PID 2011723420039, Variance from Subdivision requirements Presenter: Jeremy Barnhart, AICP Agenda Planning Department Community Development Director Section: Report Purpose. To consider a variance to allow the future replatting of the property, removing the access outlot. Provide staff direction on drafting a resolution approving or denying the variance. 2. MN§15.99 Application Deadline. The application was considered to be complete on April 29, 2019. The 60 -Day review period will expire on June 28, 2019. Background. The properties involved are Outlot A and Lot 1, Block 1, Ivy Place, a plat approved in 2018. The variance is requested because Ivy Place was originally created as a front lot/ back lot, which requires a 30' wide outlot (Outlot A). The applicant, who was the original developer of the property, and the buyer (now owner) of Lot 1 desire to replat Outlot A and Lot 1 into one lot. This would give Lot 1 lake frontage on the lagoon side, and with it opportunity for a dock. Access to lot 2 would be provided via an easement through Lot 1. The applicant contends that some of the original plat documents showed the dock adjacent to Outlot A. When reviewing plats, the city council does not review building footprints, landscaping, hardcover, docks, etc. as final as these are A. Not applied for, and B. likely to change, as the footprint and hardcover have. Current CUP/ dock permit and replatting applications are being reviewed. The applicant has provided responses to the practical difficulty questions, attached as Exhibit D. Staff's Planning Commission report, including its' analysis of the practical difficulties is attached as Exhibit A. A copy of the plat is provided as Exhibit C. 4. Planning Commission Vote and Comment. On May 201, the Commission reviewed the proposal and held the public hearing. Their minutes are attached as Exhibit B. Commissioners noted that the variance seems to correct an oversight. One commissioner noted that in inability to dock a boat in a sheltered area was a practical difficulty. They recommended approval 7-0. 5. Public Comment. No public comments have been received. The owner of Lot 1, Rusty Kocon voiced his support. 6. Staff Recommendation. Staff notes that the purpose behind the outlot requirement has been satisfied by the proposal, and the unique factors are unlikely to be replicated. Staff requests Council direct staff to draft a resolution in support or opposition to the application. COUNCIL ACTION REQUESTED Staff requests Council direction, draft a resolution for denial or draft a resolution of approval. In either case, provide reasons. Exhibits A. PC Staff report B. PC Minutes — Draft C. Ivy Place Plat D. Practical Difficulties Statement Prepared By: J. Barnhart References PC Exhibits May 20, 2019 Reviewed By: Approved By: