01-10-2022 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This application is regarding setback variances and possibly an encroachment agreement to support additions to the existing home. 2. MN§15.99 Application Deadline. The application was received on October 18, 2021 and considered to be complete on November 2nd. The 60-Day review period has been extended and will expire on March 2, 2022. 3. Background/ Summary. The existing home on the property is situated almost entirely within the 35- foot front yard setback area. Additionally, the front of the home encroaches 2 feet across the front property line into the City’s road right-of-way. The 18” roof eave also encroaches into the right-of-way for a total encroachment of ±3.5 feet. The applicant has proposed a footprint addition on the rear portion of the home including an attached garage. There is also a 2nd floor addition planned. The 2nd floor addition is stepped back from the street-side foundation wall of the home approximately 1.5 feet and is completely within the property however, including the eave/ roof overhang will have no setback from the front lot line. Refer to the image on the right, the entire proposed footprint is outlined in black; the footprint expansions are shown in purple; the new second story is shown in yellow inside the footprint; and the footprint within the right-of-way is shown in orange. Refer to Exhibits A and B for more detail. 4. Planning Commission Vote and Comment. On November 15th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 3 to 2 on a motion to approve the application as submitted and encouraged the applicant to work with the City regarding an encroachment agreement to address the non-building improvements (retaining walls, sidewalk, fencing, air conditioner and pad, and deck stairs) within the right-of-way. Commissioners Kirchner and Ressler dissented. 5. Public Comment. No comments from the neighbors were received. 6. Staff Recommendation. Planning Staff recommends denial of the application as proposed. Staff suggests the applicant redesign the project to achieve a minimum of 10 foot setback from the front property line for the 2nd story, including overhangs. Item No.: # Date: 6 December 2021 Item Description: #LA21-000069, Jeff Hoxie - Hoxie Homes o/b/o William + Alena Severson, 4635 Tonkaview Ln, Variance + ROW Encroachment Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report