09-18-2023 Planning Commission Packet

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FILE #LA23-000049 18 Sept 2023 Page 2 of 5 Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, the application submittal timing appears to be the primary issue. The applicants' plans were not coordinated and the roofed portion of the lakeside porch was not depicted correctly on the survey. Staff finds the porch location to be consistent with the Code, had the permits been submitted in the applicants' preferred order. The neighboring property owners on each side have submitted their support for the current encroachment. LOT ANALYSIS WORKSHEET Section 78-1279 - Setbacks: LR -1C Required Existing / As Constructed Rear 30' 46.9' North Side 10' 36.3' South Side 10' 15' Lakeshore 75' 136.5' Average Lakeshore The roofed porch is 136.5 feet from the lake; 4 feet lakeward of the ALS line. Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The properties at 3001 and 3005 CPR were intended to be constructed concurrently which resulted in a timing -of -construction -driven average lakeshore setback determination. 3005 CPR received an average lakeshore setback variance in order to solidify the placement of the home in a similar location as the previously existing home on that property. The homes on both of the properties were removed prior to construction of the new homes on either lot; both lots were vacant. City Code 78-1279 provides guidance for determining the average lakeshore setback when a line cannot be drawn from the neighboring homes such as lots without a neighbor, or adjacent to a street, etc. (see Exhibit H). Staff believes it was the applicant's intent, after receiving the ALS variance for 3005 CPR, to submit for the permit for the 3001 CPR lot first. This timing would have allowed placement of the 3001 CPR home at the setback of the Goodwin home (2975 CPR). Because of the application submittal timing mix-up, the required setback at the time of the home construction at 3001 CPR was determined by a projected line from 3005 CPR to the Goodwin home on the north at 2975 CPR. The Goodwin home is ±138 feet from the lake, measured perpendicular to the OHWL. The average lakeshore setback line was not depicted on the survey; however, staff extrapolated the average lakeshore setback line from the home location on the survey for 3005 CPR for the permit issuance. This line is drawn in RED on Exhibit C. The roofed lakeside porch was not specifically identified on the building permit survey, rather it was depicted as a patio (no roof). The home met the setback represented by the red ALS line. The most lakeward extent of 3001 CPR (roofed porch) is situated approximately 136 feet from the lake at its closest point resulting in an approximate 4 -foot encroachment within the average lakeshore setback.