11-14-2022 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding variances to facilitate an administrative boundary line adjustment between 2941 and 2967 Casco Point Road. They plan to split 2965 Casco Point Road between the two properties resulting in two lots where three lots currently exist. The application has been updated to include only the hardcover variances for the two properties. 2. MN§15.99 Application Deadline. The application was received on January 4, 2022, and considered to be complete on January 21st. The 60-Day review period has been extended and now expires on December 2, 2022. 3. Background/ Summary. This application was before the Council in April of 2022. At that time they were requesting hardcover variances as well as a variance and conditional use permit relating to a guest house use. There appeared to be support by Council for the hardcover variances for each property, however the Council did not find practical difficulty supporting the guest house lot area variance. The application was tabled at the request of the applicants. Since that time the City began exploring an Ordinance relating to Accessory Dwelling Units (ADUs). The applicants have formally withdrawn their guest house lot area variance and guest house CUP request and wish to proceed with the hardcover variances to allow the administrative boundary line adjustment. The 3 combined lots currently exceed 25% (27.4%). The applicants are proposing a total net decrease in hardcover of 813 square feet. The hardcover for the new combined Abbott parcel will have 26.8 % hardcover, and the new Oare property will have 25.6%. The present situation was not contemplated by the ordinance, where a third lot is absorbed into two existing lots. 4. Planning Commission Vote and Comment. On February 22nd, the Planning Commission held a public hearing. There was considerable discussion surrounding the lot area variance to support a guest house CUP. The Commission seemed to generally support the application in spirit based mostly on the applicants’ proposal to remove one very nonconforming lot. However with the technical criteria of a practical difficulty not being met, they were not able to support the lot area variance to allow a guest house CUP. Additionally, the Commission did not support the originally proposed hardcover levels. As a result, following the public hearing the Planning Commission voted 5 to 0 on a motion to deny the requested variances as applied. 5. Public Comment. Comments from the neighbors were received by the Planning Commission and are attached as Exhibit E. 6. Staff Recommendation. Based on the revised application removing the lot area variance for the guest house use, Staff recommends approval of the hardcover variance for both properties resulting in a net decrease. The Oares (the owners of 2967 CPR) are following the ADU Ordinance discussion. They hope the ADU standards will allow them to use the existing Swenson home as an ADU. Staff will continue to work with the Oares on this request. Item No.: 8 Date: November 14, 2022 Item Description: LA22-00001 – Tim & Leslie Oare at 2967 Casco Point Road and John & Michele Abbott at 2941 Casco Point Road, Variances – Resolution No. 7309 Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda