03-21-2023 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: Item No.: Date: March 13, 2023 Item Description: #LA22-000070, Stacy Kromenhoek, 4085 Watertown Road After-the-Fact Variance Presenter: Natalie Nye Planner Agenda Section: Community Development 1. Purpose. This application is regarding an after-the-fact variance for a side yard setback for deck stairs. 2. MN§15.99 Application Deadline. The application was received on December 14, 2022 and considered to be complete on January 20, 2023. The original 60-Day review period expires on March 31, 2023. A 60-day extension was administratively granted and therefore the application expires on May 21, 2023. 3. Background/ Summary. The subject property is a substandard lot in the RR-1A Zoning District. Variances were approved in 2021 for lot size, lot width, front yard setback and side yard setbacks for the construction of a new single-family home. During the construction of the home the deck stairs were constructed 17.3 feet from the northern lot line when a 19-foot side yard setback was approved. Staff brought this to the applicant’s attention at the time of the final as-built review. The applicant is requesting an after-the-fact side yard setback of 17.3 feet to accommodate the constructed deck stairs. 4. Planning Commission Vote and Comment. On February 21, 2023, the Planning Commission held a public hearing, no public comments were made. The Commission reviewed the application and concluded that the deck stairs were not intentionally built beyond the setback and that the request was reasonable and did not impact the character of the neighborhood. The Planning Commission found practical difficulties validating the requested variance and voted 5 to 0 on a motion to approve the requested variance as applied. 5. Public Comment. Adjacent Property Owner Acknowledgment Forms were received at the Planning Commission meeting (Exhibit B), no other public comments were received. 6. Staff Recommendation. Staff recommends denial. While staff acknowledges the lot has practical difficulties in both size and width, no new practical difficulties have been proved for the reduced side yard setback. Staff finds the request is out of convenience rather than practical difficulty. Staff has directed the applicant to adjust or move to the deck stairs to comply with the approved 19-foot setback. COUNCIL ACTION REQUESTED Motion to direct staff to draft a denial resolution. Exhibits A. Proposed Plans B. Adjacent Neighbor Acknowledgement Forms C. Draft PC Minutes 2/21/2023 D. PC Staff Report 2/21/2023 References PC Exhibits 2/21/2023 A. Application