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AGENDA ITEM Item No.: 12 Date: October 23, 2023 Item Description: #LA23-000051, Keplinger & Keranen Builders, Inc., o/b/o Erik & Marissa Winegarden, 2795 Shadywood Road — Variances + Conditional Use Permit — Resolution No. 7417 Presenter: Melanie Curtis Agenda Community Planner Section: Development 1. Purpose. This application is regarding several variances in order to redevelop the property. The project also requires a CUP relating to an elevated fill bench around the home due to the floodplain regulations. 2. MN§15.99 Application Deadline. The application was received on August 23' and considered to be complete on October 6, 2023. Therefore the 60-Day review period expires on December 5, 2023. 3. Background/ Summary. The existing home is situated 13.5 feet from the Narrows Channel where 75' is required. Approximately 70% of the property is within the 75-foot setback from the lake and/or channel. There are currently building and hardcover improvements within the 75-foot setback (from the channel and the lake), and the home is nonconforming with respect to the low floor requirement of the FEMA floodplain regulations. The application involves construction of a new home on the existing footprint with a garage addition as well as other hardcover changes/improvements on the property. The new home will be elevated on fill to comply with FEMA regulations. The proposed fill and the architectural changes result in an approximate 14 feet of increased building mass within the 75-foot setback creating new vertical encroachments. 4. Variance Description. The applicant is proposing to construct the new home in the same footprint as the existing home. The site constraints include the channel setback of 75 feet, the 75-foot lake setback on the west, the narrow width, the existing home location, and the low elevation areas of the property (impacted by floodplain regulations). The existing home is a low, walk -out rambler. According to the comparison plans, the applicant is proposing to increase the height of the new rambler -style home by approximately 14 feet overall resulting from the placement of required fill and architectural changes to the ceiling heights and roof structure. The basement floor elevation of 930.3' in the existing home is nonconforming with respect to FEMA regulations. The current plans reflect a conforming basement floor elevation of 933.5'. Approximately 70% of the property is within the 75-foot setback from the lake and channel. The applicant is proposing to reduce the total site hardcover by 1,677 square feet including the 528 square foot reduction within the 75-foot setback. The driveway was reoriented and reduced, the lakeside sport court has been removed, the paver patio has been removed, and the lakeside deck has been reduced by half. 5. Conditional Use Permit Description. When elevating a home on fill within the floodplain, FEMA regulations require the creation of a filled rescue bench around all buildings proposed to be elevated on fill. The fill material must continue at the required elevation around the perimeter of the building to create a 15-foot "rescue bench". The home is set back approximately 8 feet from the channel -side property line and while the 10-foot LR-1B district setback can be met on the interior side, there is not sufficient room on either side of the home to fully comply with the 15-foot perimeter fill requirement. The Code requires a conditional use permit to formally address the departure from the fill bench requirement. Prepared By: m CC Reviewed By: LLO Approved By: