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AGENDA ITEM <br />Prepared By: NAN Reviewed By: LLO Approved By: <br />Item No.: 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 <br />Agenda <br />Section: <br />Agenda <br /> <br /> <br /> <br /> <br /> <br /> <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 <br />60-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 <br />per the Stormwater Overlay District. The proposal includes a 288 square foot new deck. The applicant <br />is also proposing to remove a stone walkway in the side yard and a portion of an existing patio on the <br />lakeside of the home. Through the removal of existing hardcover and the 100 square foot hardcover <br />credit for the new deck, the property will reduce overall hardcover to 27.9%. The proposed deck <br />meets all required setbacks including the 75-foot lakeshore setback and the average lakeshore <br />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 <br />main level deck is reasonable and will not impact the character of the neighborhood. The Planning <br />Commission found practical difficulties validating the requested variance and voted 5 to 0 on a <br />motion to approve the 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- <br />foot lake yard, an at grade patio abutting the home and a 3rd story rooftop deck to use to enjoy the <br />lake. Staff has directed the applicant to remove the necessary hardcover to meet the 25% hardcover <br />limit which would eliminate the need for a variance. Staff believes there are practical ways to bring <br />the lot into conformance with the required hardcover regulations. <br /> <br />COUNCIL ACTION REQUESTED <br />Motion to direct staff to draft a denial resolution. <br /> <br />