08-21-2023 Planning Commission Packet

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Date Application Received: 05/17/2023 Date Application Considered as Complete: 08/02/2023 60 -Day Review Period Expires: 10/01/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner MCC Date: 21 August 2023 Subject: LA23-000026, Eskuche Design o/b/o Dean & Heidi Martinson, 2605 North Shore Drive Variances Public Hearing Application Summary: The applicant requests variances within the 75 -foot lake setback in order to construct a home addition, an in -ground pool, and other hardcover and structural improvements within 75 feet of the ordinary high water level of Lake Minnetonka and within the wetland setback. Staff Recommendation: Planning Department Staff recommends denial of the application as submitted. Background The property has lakeshore on the south and an inlet creek connecting to French Lake which establishes a 75 - foot setback along both the south and west sides of the property resulting an approximate 5,000 square foot buildable area. This inlet is also classified as a protected wetland. The existing home on the property is located almost entirely within the 75 -foot lake setback. The applicant is proposing to construct an addition to the home within the 75 -foot lake setback, new exterior walls under the lakeside deck currently held up by deck posts, a new in -ground swimming pool, new retaining walls, stairs, walkways, as well as conduct a number of hardcover changes to the site within the 75 -foot setback. Please refer to Exhibit E and Page 3 of Exhibit F for a detailed annotation of the changes. The survey also reflects removal of an existing concrete bridge (shown as L on the proposed survey) to be removed. A six-foot high stone wall is also proposed to surround the pool area on the inlet and street sides of the patio area within the 75 -foot setback. Aesthetic modifications to the home and a detached garage building are also shown on the submitted plans which do not require zoning approvals. Two recent variance approvals were granted for construction of a new home on the property in 2019 (Resolution No. 7013) and 2022 (Resolution No. 7272). The new home was never built; both approvals have since expired. Practical Difficulties Analysis Applicants Submittal information: The applicant has identified the unique configuration with lakeshore on two sides as a practical difficulty supporting the requested variances. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff finds that the additional setback burden on the property resulting from the inlet does create practical difficulty. However, the owners have reasonable use of the property within the existing principal building and have better alternatives for expansion/improvements. The applicant is choosing not to construct the proposed addition in a more conforming location (on the east side of the home within the building envelope) and is proposing to intensify the use of, and the encroachments within, the most sensitive portions of the property for accessory and somewhat superfluous purposes.