03-08-2021 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: J. Barnhart Reviewed By: RJO Approved By: RJO 1. Purpose. To adopt the resolution approving an Average Lake Shore Setback (ALS) variance. 2. MN§15.99 Application Deadline. A completed application was received on January 19, 2021. The 60-Day review period will expire on March 20, 2021. 3. Background. During the review of the preliminary plat creating the subject lot, the Council supported the creation of a ‘new’ ALS, intending to protect the view of the neighbor to the north, at 770 Brown Road North. This new ALS is shown on the preliminary plat, but was not directly referenced in the Development Contract, or the Final Plat resolution. It is appropriate to confirm the Average Lakeshore setback for this lot via the variance process. The ALS line identified during preliminary plat review is line B on the annotated survey attached as Exhibit B. The ALS established by Ordinance is Line A. Since the preliminary plat was reviewed, the property owner at 770 Brown Rd N has added a deck, adjusting the ALS closer to the lake, Line C. The applicant proposes a variance to this line. The applicant states that practical difficulties include the extreme distance of the home at 770 Brown Rd N and the tributary (and its 75’ setback), which greatly impact buildable sites. 4. Planning Commission Vote and Comment. The Planning Commission held the public hearing on February 16, 2021. Commissioners commented that the proposed house is setback 300+ feet from the lake and the location of the tributary limits options for a house in a conforming location. In general, the Commission agreed with the applicants suggested practical difficulties. Commissioners recommended approval 7-0. 5. Public Comment. Written statements from representatives of the neighboring improved lots have been received and are included in Exhibit F. 6. Staff Recommendation. Staff recommends the Council adopt the resolution. COUNCIL ACTION REQUESTED City Council should review the approval resolution and adopt or amend. Exhibits A. Draft Resolution B. Annotated Survey C. PC Minutes D. PC Staff report dated 2-16-21 E. Plans and Elevations F. Resident comments G. Narrative References Willow Bay Sanctuary file PC Exhibits 2/16/21 Item No.: 17 Date: March 8, 2021 Item Description: LA21-00008 – Brad Barinsky, 1825 Lakeside Trail, Variance for Average Lake Shore Setback – Resolution Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Consent Agenda