10-23-2023 Council Packet - Laserfiche WebLink

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AGENDA ITEM Item No.: 16 Date: October 9, 2023 Item Description: #LA23-000046, Rebecca Holzem, 3407 Eastlake Street Variance Presenter: Natalie Nye Agenda Community Planner Section: Development Report 1. Purpose. This application is regarding variances for average lakeshore setback, 75-foot lake setback, overall hardcover and hardcover within the 75-foot lake setback for the construction on a new deck. 2. MN§15.99 Application Deadline. The application was received August 15, 2023 and considered to be complete on September 5, 2023. Therefore the 60-Day review period expires on November 4, 2023. 3. Background/ Summary. The applicant is proposing to construct a new, 280 square foot deck on the property. The subject property is substandard in size and width for the LR-IA district with a total of 4,488 square feet when 2 acres is the minimum required. The property is considered a lake lot due to the OHWL being present on the property. There is no outdoor living space present on the property today. The existing home is within the 75-foot setback and was approved in 2005 with variances through Resolution 5222. The proposed deck would be located within the 75-foot setback, within the average lakeshore setback and brings the overall hardcover on the site from 27% to 35%. The applicant has listed the extremely small lot size and lack of outdoor space as practical difficulties. 4. Planning Commission Vote and Comment. On September 18, 2023, the Planning Commission held a public hearing. A member of the public spoke in favor of the request. The Commission reviewed the application and noted the proposed project is not out of character for the neighborhood and believed the property had practical difficulties due to the small lot size and unique placement near the lake. The Planning Commission discussed the size of the deck and questioned if the size was necessary and referenced the original 2005 approval. The Commission had a split vote recommended approval of the application as applied by a vote of 4 to 2. Video of the Planning Commission meeting is at available on the city website to refence the discussion. 5. Public Comment. The applicant has provided neighbor acknowledgment forms. 6. Staff Recommendation. Staff recommends denial of the application as applied. The original approval of variances for the home (Resolution 5222) specifically state that a deck was forgone from the design of the home in order to minimize the hardcover request. It went on to say that future hardcover increases would likely not be supported. The homeowner has reasonable use of the property with a single- family home. Staff recognizes the practical difficulties of the substandard site, but staff does not believe the requested deck size is necessary especially without any other reduction of hardcover on the site. COUNCIL ACTION REQUESTED Direct staff to draft a denial resolution. Exhibits Exhibit A. Proposed Plans Exhibit B. PC Staff Report 9/18/2023 Prepared By: NAN Reviewed By: LLO Approved By: