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AGENDA ITEM <br />Prepared By: mcc Reviewed By: LLO Approved By: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. This application is regarding an average lakeshore setback variance for a deck. <br /> <br />2. MN§15.99 Application Deadline. The application was received on June 21, 2023 and considered <br />to be complete on June 29th. Therefore the 60-Day review period expires on August 28, 2023. <br /> <br />3. Background/ Summary. The applicants’ currently have a grade-level patio on the lakeside of the <br />home. They are requesting an average lakeshore setback variance to construct a 14’x 32.5’ deck off of the <br />main level with a stair to grade over the patio. <br /> <br />4. Variance Description. The applicants did not build the home. The home has one corner right at the <br />average lakeshore setback. The setback line runs diagonally across the property allowing for a shallow <br />±7-foot deck to be constructed on the lakeside of the home on the southwest corner. They have stated that <br />the allowed footprint would not result in a very functional outdoor living space. The applicants have <br />requested a variance to permit a 14-foot deck which results in an encroachment into the average lakeshore <br />setback between 6.5 feet on the north and approximately 3.5 feet on the south. The deck expansion does <br />not appear to impact views of the lake from either neighboring property. All other zoning requirements <br />will be met. <br /> <br />5. Planning Commission Vote and Comment. On July 17th, the Planning Commission held a public <br />hearing. Following the public hearing, the Planning Commission voted 7 to 0 on a motion for approval of <br />the requested average lakeshore setback variance. During the discussion the Commissioners noted the <br />owners are proposing to remove approximately 190 square feet of driveway from their back up area to <br />reduce hardcover. The site is currently at 23.79% and are proposing 23.97%. A couple of the <br />Commissioners felt that since the hardcover removal was not necessary to be conforming, the applicants <br />should not be required to reduce their driveway or available parking on site. <br /> <br />6. Public Comment. No comments from the public were received. <br /> <br />7. Staff Recommendation. Staff Planning Staff recommends approval of the average lakeshore setback <br />variance. If the property hardcover is at a conforming level, including the deck addition, no additional <br />hardcover removals should be required. <br /> <br />COUNCIL ACTION REQUESTED <br />Move to adopt Resolution No. 7393 attached as Exhibit A. <br /> <br />Exhibits <br />A. Proposed Resolution No. 7393 <br />B. Proposed Plans <br />C. Draft PC Minutes 07/17/2023 <br />D. PC Staff Report 07/17/2023 <br /> <br />References <br />PC Exhibits 07/17/2023 <br />Item No.: 15 Date: August 14, 2023 <br />Item Description: LA23-000033, Edwin and Tracey Stephenson, 559 Park Lane, <br />Average Lakeshore Setback Variance – Resolution No. 7393 <br />Presenter: Melanie Curtis <br />Planner <br />Agenda <br />Section: <br />Consent Agenda