05-09-2022 Council Packet - Laserfiche WebLink

Home Browse Search

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