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AGENDA ITEM Item No.: 12 Date: August 12, 2019 Item Description: LAI 9-000050 —Paul Vogstrom o/b/o Eric Vogstrom, 2710 Pence Lane, Variances — Resolution Presenter: Melanie Curtis Agenda Consent Agenda Planner Section: 1. Purpose. This application is regarding a variance for retaining walls in the lake yard. 2. MN§15.99 Application Deadline. The application was received on June 19, 2019, and considered to be complete on July 3rd. Therefore the 60 -Day review period expires on September 1, 2019. Background/ Summary. There is a new home under construction on the property. The property owner is proposing to construct set -in -grade lake/dock access stairs. The stairs require some minimal retaining walls due to the slope of the lake yard; the walls begin approximately 13 feet from the ordinary high water level. The stairs are a permitted lake setback encroachment for this sloped lakeshore lot, however the retaining walls are not. A 75 -foot lake setback variance is required. 4. Planning Commission Vote and Comment. On July 15, 2019, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 0 in favor of a motion to approve the requested variance for the walls in c 5. Public Comment. Comments from the neighbors were received and are attached as Exhibit D. The draft PC minutes attached as Exhibit C also contain testimony from a neighbor. 6. Staff Recommendation. Staff recommends approval with the condition that the applicant provides a landscape plan to screen the walls with the building permit, to offset the visual impact from the lake. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. Public Comment E. PC Staff Report References PC Exhibits 07/15/19 Exhibit A. Application Summary & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Stair Plan and Cross Section Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Comments Exhibit G. Property Owners List Exhibit H. Plat Map Prepared By: YY1GG Reviewed By: J. Barnhart Approved By: 5ln..