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Date Application Received: 03/07/2023 Date Application Considered as Complete: 03/15/2023 60-Day Review Period Expires: 05/17/2023 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye, Planner Date: September 18, 2023 Subject: #LA23-000047, Erica Hway with Landschute o/b/o Alexander Johnston, 2245 French Lake Road, Variances - Public Hearing Background The applicant is proposing to demolish the existing home on the property and construct a new home in a similar location. The existing home does not meet the required 150-foot lake setback from the Ordinary High Water Level (OHWL) of French Lake. The proposed home will be no closer to the lake than the existing home and the proposed patio will also maintain a similar setback of the existing patio. The applicant has proposed to move the home and the building massing away from the lake reducing the existing encroachments within the lake setback by constructing a smaller home, however the applicant is requesting to square off the existing patio space to support a pool within the lake setback. Additionally, to support the proposed patios and accessory structure improvements for the site the applicant is proposing new retaining walls within the 150’ Shore setback. These retaining walls are over 100’ away from the OHWL of French Lake and should not impact the natural vegetation or shoreline of the lake. All other setbacks including the average lakeshore setback have been met. The total hardcover on the site meets the requirement, however the proposal includes new hardcover within the 150-foot lake setback. Therefore, the applicant is requesting variances in order to build a primary building within the 150-foot lake setback line and to construct new hardcover within the 150-foot lake setback. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the existing conditions of the property as practical difficulties. The existing topography, existing vegetation and existing septic system limit the placement of a new house. The applicant is proposing to maintain similar setbacks of the existing home, which are nonconforming. Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The current home on the property does not meet the required 150-foot lake setback. The applicant is proposing to construct a new home in a similar location and decreasing the building footprint and massing within the lake setback. The proposed home is approximately 2,000 square feet smaller in footprint than the existing home. The patio and pool spaces are capturing the original building and patio footprint from the existing house. The new patio and retaining walls within the lake setback are necessary due to the topography of the property. The commission should ask the applications for additional testimony regarding the accessory structures on the site including tennis court, pool, patios and retaining walls. The existing conditions of the property including the topography, vegetation, and septic system limit the placement of the new home. All other setbacks and zoning regulation are proposed to be met. The total hardcover on the property is proposed to be reduced slightly from 20.8% to 19.3%. Application Summary: The applicant is requesting variances from the 150-foot lake building setback, hardcover within the 150-foot lake setback, and retaining walls within the Shore Setback in order to construct a new home. Staff Recommendation: Planning Department Staff recommends approval.