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Date Application Received: 07/22/15 Date Application Considered as Complete: 08/10/15 60-Day Review Period Expires: 10/09/15 REQUEST FOR COUNCIL ACTION Date: 22 September 2015 Item No. 10 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc RJO Planning Title: Planner Item Description: #15-3773, Bill Brueggeman o/b/o Steve Elliott, 1400 Baldur Park Rd, CUP & Variance - Resolution Application Summary: The property owner is planning to demolish the existing home and construct a new family home on the property. The new home must be constructed to conform to all applicable laws and regulations. In order to conform to the floodplain regulation, the lowest floor of the home must be at or above the regulatory flood protection elevation (RFPE). The RFPE is one foot above the elevation with 1% annual chance of flooding (formerly referred to as the 100-year floodplain elevation), and follows the 931.5’ elevation contour. Therefore, the RFPE for Lake Minnetonka is established at 932.5’; the Minnehaha Creek Watershed District requires an additional foot above the RFPE for all openings. The applicant’s proposal contemplates cutting and filling within the property in order to elevate the proposed home to meet the floodplain regulations. Additionally, the City’s floodplain regulations require all structures proposed to be elevated on fill material to have the fill material continue for a width of 15 feet around the perimeter of the structure to be elevated. The subject property is 50 feet wide; the proposed home is 30 feet wide. While the 10-foot LR-1C district setback can be met, there is not sufficient room on either side of the home to fully comply with the 15-foot perimeter fill requirement. The applicant requests a variance to this code provision. Planning Commission Recommendation On August 17, the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 6 to 0 on a motion to approve the conditional use permit with the following conditions: 1. The applicant shall submit evidence of MCWD permits prior to placement on the City Council’s agenda for review. This has been submitted (see Exhibit D). Further, the application was presented to the planning commission without the variance element; staff made the correction and published for a variance public hearing at the Council’s September 28th meeting. The Council should hold the public hearing regarding the application prior to discussing the details of the project. Planning Staff Recommendation Planning Staff recommends approval of the CUP and variance allowing for redevelopment of the property. COUNCIL ACTION REQUESTED Council should hold a public hearing consider adopting or amending the variance and CUP approval resolution. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Proposed Survey Exhibit C. Practical Difficulty Analysis – Variance Exhibit D. MCWD Permit Exhibit E. Floodplain Regulation Excerpts Exhibit F. PC Staff Report & Exhibits Exhibit G. PC Minutes