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AGENDA ITEM <br />Prepared By: LLO Reviewed By: J.Barnhart Approved By: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. The applicant is requesting an average lakeshore setback variance to elevate the grade <br />lakeward of the setback over 42 inches in height. The applicant has submitted amended plans based on <br />the City Staff and the Planning Commission recommendation. <br /> <br />2. MN§15.99 Application Deadline. The application was received on March 23, and considered to be <br />complete on March 28, 2022. Therefore the 60-Day review period expires on May 27, 2022. <br /> <br />3. Background/ Summary. The previous owners of the property removed the home and did not fill in <br />the basement area, leaving a 4 foot ‘depression” on the property. This ‘depression’ establishes the <br />existing grade. The applicant proposed creating a pool, patio, and retaining wall approximately 11.5 feet <br />above this exiting grade, and 8 feet above the ‘natural’ grade of the property. <br /> <br />The applicant, responding to Staff and the Planning Commission recommendations, has revised the plans <br />showing the pool, patio, and retaining wall 3.5 feet above the ‘natural’ grade of the lot, and approximately <br />7 feet above the existing grade. <br /> <br />The Planning Commission staff report provides additional detail on the grades. <br /> <br />4. Planning Commission Vote and Comment. On April 18th, the Planning Commission held a public <br />hearing. The commission reviewed the application and discussed support for filling in the unique lake <br />yard as the elevation for measuring the average lakeshore setbacks. However, they did not find any <br />practical difficulties to support the applicant’s proposal into the setback by raising the grade 11.5’ for a <br />patio, pool and retaining walls. Following the public hearing the Planning Commission voted 6 to 0 on a <br />motion to deny the requested average lakeshore setback variance following staff’s recommendation. <br /> <br />5. Public Comment. No public comments were received. <br /> <br />6. Staff Recommendation. Staff recommends approval of the amended plans. <br /> <br />COUNCIL ACTION REQUESTED <br />Motion to adopt or amend the approval resolution. <br /> <br />Exhibits <br />A. Draft Resolution <br />B. Proposed Amended Plans and Original <br />Plans <br />C. Draft PC Minutes <br />D. PC Staff Report <br /> <br />References <br />PC Exhibits 4.18.2022 <br />A. Application <br />B. Practical Difficulties Documentation Form <br />C. Survey and Images <br />D. Proposed Plans and Elevations <br />E. Submitted Hardcover Calculations <br />F. Property Owners List and Map <br /> <br /> <br /> <br />Item No.: 12 Date: May 9, 2022 <br />Item Description: LA22-000014 – Eric Zehnder, 940 North Arm Drive, Variance – <br />Resolution 7264 <br />Presenter: Laura Oakden <br />Planner <br />Agenda <br />Section: <br />Planning Report