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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 variances for 75-foot lake setback, wetland setback, and <br />hardcover within the 75-foot setback to support improvements to the home and property. <br /> <br />2. MN§15.99 Application Deadline. The application was received on May 17, 2023 and considered to be <br />complete on August 2, 2023. The 60-Day review period has been extended and expires on November 30, <br />2023. <br /> <br />3. Variance Description. The applicant is requesting variances hardcover improvements within the 75-foot <br />setback from the lake and inlet and within the 25-foot wetland buffer in order to construct a pool and make <br />other hardcover changes on the property. <br /> <br />4. Background/Summary. The Council reviewed this request at the September 25th meeting and directed <br />staff to prepare a draft approval resolution including the following: <br /> <br />a. Approval of the 15’ x 25’ swimming pool in the revised location (shown on the 9/14/23 plan); <br />b. The new hardcover proposed in the 75-foot setback should be off-set by equal or greater hardcover <br />removals (within the 75-foot setback). The overall hardcover level within the 75-foot setback should not <br />increase above the current level – 0-75’ hardcover has been reduced by 666 square feet; <br />c. All the hardcover shown as to-be-removed must be removed; <br />d. Denial of the 6-foot-tall privacy wall – this wall has been removed from the plan; <br />e. Denial of any new retaining walls – no new walls are proposed; and <br />f. Updated proposed plans must be provided – revised plans dated 9/27/2023 have been provided. <br /> <br />The current hardcover level in the 75-foot setback area is 6,419 square feet (36.8%). The applicant’s revised <br />proposed calculations show a reduction of 666 square feet resulting in 5,753 square feet or 33.01% hardcover <br />proposed within the 75-foot setback. The revised plan reflects a further reduction of 30 square feet from the <br />9/14/23 plans. <br /> <br />5. Planning Commission Vote and Comment. On August 21, the Planning Commission reviewed the <br />applicant’s original request. A public hearing was held; following the public hearing, the Planning <br />Commission voted 5 – 0 on a motion for denial as applied. The Commission provided specific feedback <br />regarding the location of the pool indicating that the pool must meet the 75-foot setback from the main open <br />water of Lake Minnetonka. <br /> <br />6. Staff Recommendation. Planning Staff recommends the following additional conditions: <br /> <br />a. The pool patio shall be constructed with a pervious paver material; <br />b. Prior to issuance of a building permit for the proposed project, after-the-fact zoning and/or building <br />permits must be obtained by the property owner for the rebuilt boulder retaining walls and lake stair <br />constructed without proper permits. <br />c. The boulder walls should be screened from the lake with vegetation; <br />d. If applicable, the 100-square foot hardcover “credit” for pervious pavers or qualifying deck shall not <br />be applied within the 75-foot setback; <br />e. Ongoing compliance with the MCWD regarding their requirements. <br />Item No.: 14 Date: October 9, 2023 <br />Item Description: LA23-000026, Eskuche Design o/b/o Dean & Heidi Martinson, <br />2605 North Shore Drive, Variances – Resolution No. 7410 <br />Presenter: Melanie Curtis <br />Planner <br />Agenda <br />Section: <br />Community <br />Development Report