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Date Application Received: January 19,2021 <br /> Date Application Considered as Complete:January 19,2021 SO <br /> 60-Day Review Period Expires: March 20,2021 <br /> To: Chair Ressler and Planning Commission Members -*14 <br /> Ron Olson, Interim City Administrator <br /> 'E s -j 0 <br /> From: Jeremy Barnhart,AICP <br /> Community Development Director <br /> Date: February 16, 2021 <br /> Subject: #LA21-08, Brad Barinsky, 1825 Lakeside Trail,Variance for Average Lake Shore <br /> Setback <br /> Public Hearing <br /> Application Summary: The applicant is requesting an Average Lakeshore Setback (ALS) <br /> variance to permit the house to be lakeward of ALS. <br /> Staff Recommendation: Planning Department Staff recommends approval of the variance as <br /> proposed. <br /> Practical Difficulties Analysis <br /> Applicant Submittal Information:The applicant has identified the location of the neighboring <br /> homes,the character of the lakeshore with extended wetland area,the creek adjacent to the <br /> home site as practical difficulties limiting the development of the site and supporting the <br /> requested variance. Additionally,they have provided supporting documentation regarding <br /> Practical Difficulties attached as Exhibit B, and should be asked for additional testimony <br /> regarding the application. <br /> Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant's arguments for <br /> practical difficulty due to the tributary and extreme setback from the lake. Additionally,Staff <br /> recognizes extenuation circumstances support the variance. <br /> Background <br /> The property was created with the recent platting of Willow Bay Sanctuary. The final plat was <br /> approved in August, 2019 (Case LA19-33). A'new'ALS was contemplated with the preliminary <br /> plat,which was approved in May of 2019 (case LA19-22). <br /> Average Lake Shore Setbacks (ALS) are based on the locations of homes on neighboring <br /> properties at the time a house permit is reviewed. Because the timing of improvements on lots <br /> are not known during platting, and a desire to give the neighboring property owners and the <br /> applicant and understanding of where homes could be built,the City Council has established an <br /> ALS based on the then current (preplat) condition. There was similar discussion and general <br /> agreement for the subject property during the preliminary plat, but the ALS was not formally <br /> incorporated into the final drawings or the Development Contract. In recent months,the City <br /> Council has departed from the practice in granting a new ALS,the remedy then is a variance. <br />