10-09-2023 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding an after-the-fact average lakeshore setback variance for a home under construction. 2. MN§15.99 Application Deadline. The application was received on August 23, 2023 and considered to be complete on September 7th. Therefore the 60-Day review period expires on November 6, 2023. 3. Background/ Summary. The home at 3001 Casco Point Road (CPR) is under construction. 3001 and 3005 Casco Point Road (CPR) are currently being redeveloped by Stonewood. It was their intent to submit for the building permit to construct 3001 CPR before 3005 CPR in order to situate the home at 3001 CPR in its 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 is permitted in the current location. Had the permit for 3001 CPR been submitted before 3005 CPR, the placement of the 3001 CPR home would have had to match the setback of the Goodwin home (2975 CPR). The Goodwin home is situated approximately 136 feet from the lake; the home at 3001 CPR is approximately 140 feet from the OHWL; the roofed porch is set at approximately 137 feet from the OHWL. Because of the submittal timing mix- up, the required setback at the time of the home construction at 3001 CPR instead was determined by a projected line from 3005 CPR to the Goodwin home on the north at 2975 CPR. The average lakeshore setback line was not depicted on the survey; however, staff extrapolated the average lakeshore setback line by using the survey for 3005 CPR and the existing location of the Goodwin home for the permit issuance. The survey has since been updated to show the average lakeshore setback line based on the location of the neighboring homes (Exhibit B). According to the updated survey, the lake-most corner of the home on the Goodwin side encroaches 2-feet into the average lakeshore setback; the roofed porch encroaches six feet lakeward of the setback line. 4. Planning Commission Vote and Comment. On September 18th, the Planning Commission held a public hearing. The Commission noted the large lake setbacks of the homes in this area and discussed the encroachment. The Commission found that the building encroachment would not impact the neighboring views. Following the public hearing, the Planning Commission voted 6 to 0 in favor of a motion for approval of the requested after-the-fact variance. The draft minutes are not yet available at the time of this writing. The meeting discussion from the September 18th meeting can be viewed on the City’s website. 5. Public Comment. Comments from the immediate neighbors in support of the variance were received and are attached as Exhibit D. 6. Staff Recommendation. Staff Planning Staff recommends approval of the after-the-fact variance. Item No.: 16 Date: October 9, 2023 Item Description: LA23-000049, Stonewood o/b/o Michael Gorman, 3001 Casco Point Road, Average Lakeshore Setback Variance (After-the-Fact) – Resolution No. 7411 Presenter: Melanie Curtis Planner Agenda Section: Community Development Report