07-11-2022 Council Packet - Laserfiche WebLink

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8. LA22-000017, JON RESSLER AND FRANK PLACHECKI, 3683 NORTH SHORE DRIVE AND 3685 NORTH SHORE DRIVE, LOT WIDTH VARIANCE FOR BOTH PROPERTIES Jon Ressler, Applicant, was present. City Planner Oakden gave a presentation on the item, noting neighboring property owners are looking to complete an administrative boundary line adjustment. Moving the boundary is a Staff administrative action as long as no new non-conformities are created or existing non-conformity is not increased. The request to move this property boundary increases the non-conformity of lot width so a variance is required. Each property will require lot width variances in order to allow the adjustment. At 3683 North Shore Drive the lot width will decrease at the 75 foot lakeyard setback from 54 feet to 52 feet and at 3685 North Shore Drive the lot width will decrease from 92 feet to 82 feet at the Ordinary High Water Level (OHWL). The new property boundary will maintain the same lot areas overall. The proposed new property line will improve many non-conformities on both parcels. Building set back, overall hardcover, and lot width at the OHWL will improve for 3683 and the new property line will be moved off the existing driveway bringing that driveway setback closer to conformance for 3685. On May 16 the Planning Commission held a public hearing and discussed support for the application noting improvements for hardcover calculations and building setbacks were important improvements. Staff finds the lot width variance may be supported by practical difficulty; Council is asked to discuss and provide direction for Staff to draft a resolution for this item. Mr. Ressler noted this is a weird lot design that goes back to when it was platted. He is the third generation to live on the site and his father and Mr. Plachecki agreed to change when the house was rebuilt in the 1990’s to allow Mr. Plachecki to have a little more parking and the yard to be more in-line with the home. He noted if the property were ever to be sold it would be a problem because Mr. Ressler’s property line goes over Mr. Plachecki’s driveway. Mayor Walsh asked if there were any public comments. Jay Nygard, 1386 Rest Point Road, went before the City Council recently asking for a minor property adjustment and they found one little minor technicality in order to deny him. If the City Council is going to be consistent he does not see how they could have possibly denied his property line adjustment and allow it in this case, unless they will go back and visit what happened with him before. He noted he was making everything better on both properties, decreasing hardcover, removing illegal structures, and he sees a similar application here and wonders why they are all working so hard to do it. Mayor Walsh replied when they looked at Mr. Nygard’s application it was creating a very tough practical difficulty. Johnson moved, Printup seconded to direct Staff to draft a resolution for the approval of the variance on LA22-000017, 3683 North Shore Drive and 3685 North Shore Drive. VOTE: Ayes 4, Nays 0.