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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 variances to redevelop the property with a new home. <br /> <br />2. MN§15.99 Application Deadline. The application was received on May 17, 2023 and considered <br />to be complete on May 26th. Therefore the 60-Day review period expires on July 25th, 2023. <br /> <br />3. Background/ Summary. The applicants are proposing to demolish the existing home and construct <br />a new home on the property. Due to the extreme 75-foot setback from the creek, the home will be <br />situated in the northernmost portion on the lot. The applicant is proposing a two-story home with a full <br />basement. The property is nonconforming to size with 19,604 square feet (0.45 acres) within the LR-1A <br />zoning district where there is a two-acre minimum lot area requirement. The small lot size and the <br />substantial impact the 75-foot creek setback has on the property results in the need for the requested <br />variances. <br /> <br />4. Variance Description. The project requires the following variances: <br />a) A front yard setback variance to permit a 27-foot front setback where a 50-foot setback is <br />required; <br />b) A side yard setback variance to permit a 10-foot side yard setback from the north, side lot line <br />where a 30-foot setback is required; <br />c) A rear yard setback variance to permit a 34.7’ rear setback where a 50-foot setback is required; <br />d) A 75-foot creek setback variance to permit building improvements within the 75-foot setback; <br />e) A hardcover variance to permit hardcover within the 75-foot creek setback; and <br />f) A lot area variance. <br /> <br />Many of the homes in the immediate neighborhood are nonconforming with respect to area and/or width <br />and have nonconforming setbacks due to the small lot sizes. Staff finds there are several contributing <br />factors to the extremely small 132 square foot building envelope, all of which result in an almost <br />unbuildable lot. The required 75-foot creek setback, the 50-foot front and rear setbacks, combined with <br />the 30-foot side setback are all practical difficulties which support variances for this property. The <br />property owners designed the improvements to be sensitive to the scale of the neighborhood, the creek <br />and attempted to maintain a similar setback from the creek as the existing home location. <br /> <br />5. Planning Commission Vote and Comment. On June 20th the Planning Commission held a public <br />hearing. Following the public hearing, the Planning Commission discussed the existing conditions and <br />challenges impacting the property and voted 5 to 0 in support of a motion for approval of the requested <br />variances. <br /> <br />6. Public Comment. Neighbor acknowledgments were submitted but no comments from the public <br />were received. <br /> <br />7. Staff Recommendation. Planning Staff recommends approval. <br /> <br />COUNCIL ACTION REQUESTED <br />Move to adopt Resolution No. 7383 attached as Exhibit A. <br />Item No.: 11 Date: July 10, 2023 <br />Item Description: LA23-000028 – Loren & Julia Parks, 350 Crestview Avenue <br />Variances – Resolution No. 7383 <br />Presenter: Melanie Curtis <br />Planner <br />Agenda <br />Section: <br />Consent Agenda