09-18-2023 Planning Commission Packet

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Date Application Received: 08/15/2023 Date Application Considered as Complete: 09/05/2023 60 -Day Review Period Expires: 11/04/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: September 18, 2023 Subject: LA23-000046, Rebecca Holzem, 3407 Eastlake Street, Variance, Public Hearing Application Summary: The applicant is requesting variances for average lakeshore setback, 75 - foot lake setback, overall hardcover and hardcover within the 75 -foot lake setback to construct a new deck. Staff Recommendation: Planning Department Staff recommends denial of the variance as applied. Background The subject property is substandard in size and width for the LR -1A zoning district. While the property does not directly front on Stubbs Bay, the OHWL extends onto the subject property and a creek runs along the southern edge of the property. The property is therefore subject to the 75 -foot lake setback and average lakeshore setback. The home is almost entirely within the 75 -foot setback as shown in Exhibit C. The applicant does not currently have a deck or patio and is proposing to construct a new 14 -foot by 20 -foot, 280 square foot, deck on the south side of the home. The proposed deck would encroach into the average lakeshore setback and entirely be within the 75 -foot setback. The proposed deck is approximately 31 feet from the OHWL and creek. The proposed deck addition would increase hardcover on the property from 27.63% to 35.07% when 25% is permitted. The existing home on the property received variances in 2005 in order to be constructed within the 75 -foot lake setback. As part of that approval, from 2005, the Resolution 5222 identifies a condition that any future request to increase hardcover will not likely be approved without a current reduction in hardcover. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the extremely substandard lot size and width as practical difficulties. The property also must adhere to lake setbacks due to the proximity of the OHWL and creek tributary. The subject property has no exterior living space and currently does not have a patio or deck to enjoy the yard. The applicant states they have proposed a deck that is comparable in size to neighboring properties' outdoor living spaces. The commission should ask the applicant for additional testimony identifying additional practical difficulties supporting the deck request. Planning Staff Practical Difficulty Analysis: Staff finds that there are practical difficulties in the size and width of the lot. The subject property is substandard in size and width. The LR -1A