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AGENDA ITEM <br />Prepared By: mcc Reviewed By: LLO Approved By:RJO <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. This application is regarding after-the-fact variances to permit hardcover within the 75- <br />foot setback from the OHWL. <br /> <br />2. MN§15.99 Application Deadline. The <br />application was received on September 14, <br />2022, and considered to be complete on October <br />27, 2022. Therefore the 60-Day review period <br />has been extended and expires on February 24, <br />2023. <br /> <br />3. Background/ Summary. In September, <br />the City received complaints regarding a new <br />parking area under construction at the subject <br />property. Upon inspection staff confirmed that <br />the property owner had installed an approximate <br />1,175 square foot paver parking area within the <br />75-foot setback connected to the existing <br />driveway (highlighted in pink). <br /> <br />Additionally, two additional unpermitted patio <br />improvements were constructed on the <br />property: a 500 square foot fire pit patio area on <br />the north point of the property (highlighted in <br />orange); and a second 470 square foot fire pit <br />patio area on the east side of the home <br />(highlighted in green). <br /> <br />4. Variance Description. The new parking area is situated 31 feet from the OHWL where no hardcover <br />is permitted and a 75-foot setback is required. The parking area exceeds the maximum 8-foot driveway <br />width permitted within the 75-foot setback. The two new patio areas have also been installed 43 feet and <br />50 feet from the OHWL where patio hardcover is not permitted. <br /> <br />5. Planning Commission Vote and Comment. On November 21st, the Planning Commission held a <br />public hearing. Following the public hearing, the Planning Commission voted 4 to 0 on a motion for <br />denial of the requested after-the-fact variances. <br /> <br />6. Additional Information. Following the Planning Commission meeting, the applicant provided an <br />exhibit demonstrating the turning radius as well as a stormwater management report in an effort to <br />support their unpermitted improvements attached as Exhibits G and H. <br /> <br />7. Public Comment. Other than the three individual complaints about the driveway installation, one <br />neighbor comment has been received and is attached as Exhibit C. <br /> <br />Item No.: 13 Date: January 23, 2023 <br />Item Description: LA22-000051 – Paul Taunton, 3600 Ivy Place, After-the-fact <br />Variances <br />Presenter: Melanie Curtis <br />Planner <br />Agenda <br />Section: <br />Community <br />Development