08-21-2023 Planning Commission Packet

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Date Application Received: 07/19/2023 Date Application Considered as Complete: 07/25/2023 60 -Day Review Period Expires: 09/23/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: August 21, 2023 Subject: LA23-000042, Allison Houston, 4731 North Shore Drive, Variance, Public Hearing Application Summary: The applicant is requesting a variance in order to construct a new deck and patio within a bluff setback. Staff Recommendation: Planning Department Staff recommends denial of the variance as applied. Background The applicant is proposing to enlarge a deck on the west side of their home within a bluff setback. The City prohibits any buildings or structures within 30 feet of a top of bluff. The subject property contains a bluff along the western property line. The entirety of the existing deck and at -grade patio are within the bluff setback. The deck was originally approved with variances when the house was constructed in 2013. The applicant is proposing to expand the deck within the bluff setback as well as expand the at -grade patio beneath the deck. The subject property has several improvements that were constructed without proper permits. The applicant is proposing to remove an existing patio and a lakeside deck that were constructed by a previous owner without permits. Additionally, through the removal of said improvements, the property will be brought into compliance with hardcover. The property currently is at 28.4% hardcover and the proposal will bring the property down to 24.5%. Due to the sensitivity of the bluff, Staff does not support the application as applied. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the substandard lot size and width as practical difficulties. In addition, the applicant has identified the existing improvements and the natural landscape of the lot as a hardship. The commission should ask the applicant for additional testimony identifying additional practical difficulties supporting the enlarged deck request. Planning Staff Practical Difficulty Analysis: Staff finds that there are a practical difficulties in the size and width of the lot. The subject property is substandard in size and width. The 1_11-113 Zoning District requires a 1 acre minimum and a minimum width of 140 feet. The subject property is 0.26 acres in size and only 60 feet in width. The subject property has several improvements on the property that are nonconforming and within the sensitive bluff impact zone. Expansion of the existing deck is not possible without a variance from the required 30 -foot bluff setback. While staff finds practical difficulties in the lot, the subject property currently has a deck and patio that allow for full use and enjoyment of the lot. The existing deck may be