09-18-2023 Planning Commission Packet

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Date Application Received: 08/23/2023 Date Application Considered as Complete: 09/07/2023 60 -Day Review Period Expires: 11/06/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner MCC Date: 18 September 2023 Subject: #LA23-000049, Stonewood o/b/o Michael Gorman, 3001 Casco Point Road, Average Lakeshore Setback Variance (After -the -Fact) Public Hearing Application Summary: The applicant is requesting an after -the -fact average lakeshore setback variance for a roofed porch. Staff Recommendation: Planning Department Staff recommends approval. Background 3001 Casco Point Road and 3005 Casco Point Road (CPR) are being redeveloped by the same builder, Stonewood. It was their plan to build both new homes nearly simultaneously. Prior to construction, the applicant completed an action to combine the then existing three lots into two (which is the current configuration). In 2022 via Resolution No. 7284 (Exhibit F), the City granted variances for the placement of the neighboring home at 3005 CPR lakeward of the average lakeshore setback. The average lakeshore setback would have been based on the setback of the home to the south at 3015 CPR (because 3001 CPR would be vacant at the time of construction). Applying the setback of 3015 CPR to 3005 would have resulted in moving the proposed home on 3005 CPR to a location that would have appeared to be out of character with the neighborhood. The variance could have been avoided if the applicant had relied on the timing of construction to achieve the same result. The applicant is currently building the new homes on both properties. Their intent was to submit for the permit to build 3001 CPR first to situate the home in the current placement, which would have been permitted. However, due to a submittal timing error for the permits for the two properties, as well as an inconsistency between the construction plans and the survey, a roofed, lake side porch was constructed lakeward of the average lakeshore setback. A non -roofed patio would be permitted in the current location. To address the setback encroachment, the applicant is requesting after -the -fact approval of an average lakeshore setback variance for the roofed porch on the lake side of the home at 3001 CPR. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the timing of permit submittal construction and an administrative error as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application.