09-11-2023 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: 1. Purpose. This application is regarding a variance from a bluff setback in order to expand a deck and patio within the bluff impact zone. 2. MN§15.99 Application Deadline. The application was received July 17, 2023 and considered to be complete on July 31, 2023. Therefore the 60-Day review period expires on September 29, 2023. 3. Background/ Summary. The applicant is proposing to enlarge an existing deck and patio underneath the deck within a bluff setback. The entirety of the proposed deck and patio are within the bluff impact zone and do not meet the required bluff setback of 30 feet from top of bluff. The proposal will decrease the existing bluff setback of the deck from 10 feet to 8 feet. The original deck was constructed with the home in 2013. Several variances were granted through Resolution 6206 in order to construct the home and deck due to the location of the bluff. The bluff is located along the western side of the property. The western property line is shared with the city as it is an unimproved right-of-way. The city has recently made improvements within the right-of-way for ravine stabilization. The property currently has several improvements that were constructed without a permit by a previous home owner. The improvements include a lakeside deck and large patio. These unpermitted improvements are proposed to be removed by the applicant. The proposed project will bring the total hardcover of the site into compliance from 28.4% to 24.5%. Due to the sensitive nature of the bluff, staff is not supportive of the proposed deck and patio expansion. While the subject property is substandard in size and width, there is an existing deck and patio that allow for use and enjoyment of the lot. 4. Planning Commission Vote and Comment. On August 21, 2023, the Planning Commission held a public hearing, no public comments were made. The Commission reviewed the application and noted the proposed project will bring the overall hardcover of the lot into compliance and remove several unpermitted improvements within the bluff and lake yard. The Commission stated the expansion was not unreasonable and allowed for full use and enjoyment of the property. The Commission voted 6 to 0 on a motion to approve the requested variances as applied. 5. Public Comment. The applicant has provided neighbor support letter after the planning commission meeting, but no other public comment has been received. See Exhibit D 6. Staff Recommendation. Staff recommends denial of the application for a bluff setback variance as requested. Staff also recommends that the removal of the lakeside deck is done immediately, regardless of the outcome of the variance. COUNCIL ACTION REQUESTED Direct staff to draft a denial resolution. Exhibits Exhibit A. Proposed Plans Exhibit B. Draft PC Minutes 8/21/2023 Exhibit C. PC Staff Report 8/21/2023 Exhibit D. Neighbor Support Letter Item No.: 16 Date: September 11, 2023 Item Description: #LA23-000042, Allison Houston, 4731 North Shore Drive Variance Presenter: Natalie Nye Planner Agenda Section: Community Development Report