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AGENDA ITEM <br />Prepared By: NAN Reviewed By: LLO Approved By: <br />Item No.: 15 Date: March 13, 2023 <br />Item Description: #LA23-000001, Lecy Bros Home & Remodeling, 2617 Casco Point <br />Road - Hardcover Variance <br />Presenter: Natalie Nye <br />Planner Agenda <br />Section: Community <br />Development <br /> <br />1. Purpose. This application is requesting a hardcover variance for the construction of a new deck. <br /> <br />2. MN§15.99 Application Deadline. The application was received on January 6, 2023 and considered <br />to be complete on January 13, 2023. The original 60-Day review period expires on March 14, 2023. A 60- <br />day extension was administratively granted and therefore the application expires on May 13, 2023. <br /> <br />3. Background/ Summary. The applicant is proposing to construct a new deck on the lakeside of the <br />home. The lot as it exists today is over on hardcover at 28.4% when a maximum of 25% is allowed per <br />the Stormwater Overlay District. The proposal includes a 288 square foot new deck. The applicant is also <br />proposing to remove a stone walkway in the side yard and a portion of an existing patio on the lakeside of <br />the home. Through the removal of existing hardcover and the 100 square foot hardcover credit for the <br />new deck, the property will reduce overall hardcover to 27.9%. The proposed deck meets all required <br />setbacks including the 75-foot lakeshore setback and the average lakeshore setback. <br /> <br />4. Planning Commission Vote and Comment. On February 21, 2023, the Planning Commission held <br />a public hearing, no public comments were made. The Commission reviewed the application and <br />concluded that the existing hardcover is not the result of the current homeowner and the request of a main <br />level deck is reasonable and will not impact the character of the neighborhood. The Planning Commission <br />found practical difficulties validating the requested variance and voted 5 to 0 on a motion to approve the <br />requested variance as applied. <br /> <br />5. Public Comment. Adjacent Property Owner Acknowledgment Forms are included in the Planning <br />Commission packet (Exhibit F), no other public comments were received. <br /> <br />6. Staff Recommendation. Staff recommends denial. Staff finds the request is out of convenience and <br />not necessary for full enjoyment of the property. The property currently has a patio within the 75- foot <br />lake yard, an at grade patio abutting the home and a 3rd story rooftop deck to use to enjoy the lake. Staff <br />has directed the applicant to remove the necessary hardcover to meet the 25% hardcover limit which <br />would eliminate the need for a variance. Staff believes there are practical ways to bring the lot into <br />conformance with the required hardcover regulations. <br /> <br />COUNCIL ACTION REQUESTED <br />Motion to direct staff to draft a denial resolution. <br /> <br />Exhibits <br />A. Proposed Plans <br />B. Draft PC Minutes 2/21/2023 <br />C. PC Staff Report 2/21/2023 <br /> <br /> <br /> <br /> <br /> <br />References <br />PC Exhibits 2/21/2023 <br />A. Application <br />B. Practical Difficulties Documentation Form <br />C. Survey <br />D. Plans <br />E. Hardcover Information <br />F. Neighbor Acknowledgment Form <br />G. Property Owners List and Map