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AGENDA ITEM Item No.: # Date: 9 March 2020 Item Description: #LA20-000005, Gordon James Construction o/b/o David & Lynn Gutermuth 2665 Casco Point Road, After -the -Fact Variances Presenter: Melanie Curtis Agenda Planning Department Planner Section: Report 1. Purpose. This application is regarding after -the -fact variances to permit as -constructed improvements within the lake and average lakeshore setbacks. 2. MN§15.99 Application Deadline. The application was received on January 10, 2020 and was considered to be complete on January 23, 2020. The 60 -Day review period has been extended and now expires on May 22, 2020. 3. Background/ Summary. A variance for a new home (File #17-3965) was granted in 2017, and a building permit consistent with the approvals was issued in January 2018. In October 2019, the builder submitted an as -built survey and requested a final Certificate of Occupancy. Upon inspection it was noted that unpermitted changes were made to the existing boathouse and a new deck had been installed replacing a deck shown as to be removed to offset hardcover. The deck was not shown on the submitted as -built survey. The boathouse is situated 16.5 feet from the ordinary high water level and is entirely within the average lakeshore setback. It is considered to be a legal non -conforming building. It can be rebuilt in-kind, but expansions to the footprint and/or volume of the building are not permitted without variance(s). Additionally, the new ±240 square foot lakeside deck was not rebuilt in-kind and not accounted for in the hardcover calculations; the hardcover now exceeds the approved level. 4. Planning Commission Vote and Comment. On February 18th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 5 to 1 (Erickson) on a motion to recommend denial of the after -the - fact variances. There appeared to be support for the cosmetic changes which do not result in expansions to the height, footprint, or lakeward extent of the non -conforming boathouse. There also appeared to be support of allowing a minimal landing from the boathouse door to connect to the dock. The dissenting Commissioner supported the request as submitted. 5. Public Comment. There was neighbor testimony during the public hearing in support of the aesthetic changes. 6. Revised Plans. Based on the Planning Commission and staff feedback, the applicant has provided a revised plan which modifies the lakeside deck area, attached as Exhibit C. This plan reflects a reduction in hardcover from the original after -the -fact variance request, but results in a 32 square foot increase above the approved variance level. Prepared By: V11GG Reviewed By: J. Barnhart Approved By: