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Date Application Received: January 19, 2021 <br />Date Application Considered as Complete: January 19, 2021 <br />60-Day Review Period Expires: March 20, 2021 <br />To: Chair Ressler and Planning Commission Members <br />Ron Olson, Interim City Administrator <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 />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 />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 />Council Exhibit D