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• Date Application Received: 03.23.2022 <br /> Date Application Considered as Complete:03.28.2022 <br /> 60-Day Review Period Expires: 05.27.2022 <br /> To: Mark McCutcheon and Planning Commission Members y >, <br /> Adam Edwards, City Administrator Ft L� <br /> ''(EsHO <br /> From: Laura Oakden , LLO <br /> Date: April 18, 2022 <br /> Subject: LA22-000014, Eric Zehnder, 940 North Arm Drive,Variance, Public Hearing <br /> Application Summary: The applicant is requesting an average lakeshore setback variance to <br /> elevate the grade lakeward of the setback over 42 inches in height. <br /> Staff Recommendation: Planning Department Staff recommends denial. <br /> Background <br /> The applicant is currently constructing a new home on the property, issued on July 2021. The <br /> site has a large sloped yard to Lake Minnetonka. In 2011, a previous owner removed the then <br /> existing home, and did not restore the grade after removing the basement area leave a large <br /> depression in the property. The applicant is proposing to use some of the earth excavated from <br /> • the new house project and fill in the large hole from the previous building to even out of the <br /> yard between the house and the lake. In this area, a pool, patio, and retaining wall are <br /> proposed. The average lakeshore setback allowed for these accessory structure improvements <br /> but limited the allowed height at 42 inches (3.5 feet) above existing grade. This improvements <br /> are proposed to be approximately 11.5 feet above existing grade. Staff has analyzed the slope <br /> with the neighboring properties and determined the current project would still be roughly 8 feet <br /> above the estimated natural grade of the neighboring properties. <br /> Practical Difficulties Analysis <br /> Applicant Submittal Information:The applicant has identified the unique existing grade left over <br /> from the removal of a previous home and slope in the lake yard as practical difficulties <br /> supporting the requested variance.Additionally,they have provided supporting documentation <br /> regarding Practical Difficulties attached as Exhibit B, and should be asked for additional <br /> testimony regarding the application. <br /> Planning Staff Practical Difficulty Analysis: Regarding practical difficulty,Staff finds the grade is a <br /> unique challenge to the property and not created by the current homeowner. The proposed <br /> project will create a more natural grading pattern consistent with the neighboring properties. <br /> However,the property owner can install these improvements without elevating the existing <br /> grade by lowering the proposed pool or patio to the existing contours and using stairs to access <br /> the space from the house. Elevating the improvements is a convenience to the homeowners <br /> and not a necessary for the use of the property. <br /> LOT ANALYSIS WORKSHEET <br /> • Section 78-330—Pool Setbacks: <br />