11-13-2023 City Council Agenda Packet

Home Browse Search

AGENDA ITEM Prepared By: NAN Reviewed By: LLO Approved By: 1. Purpose. This application is regarding an average lakeshore setback variance for a new screen wall. 2. MN§15.99 Application Deadline. The application was received September 20, 2023 and considered to be complete on October 4, 2023. Therefore the 60-Day review period expires on December 3, 2023. 3. Background/ Summary. The applicant is proposing to construct a new 6-foot-high fence in order to provide additional privacy for the home’s outdoor living space. The fence is located within the average lakeshore setback and exceeds the maximum 42” height limitation. Much of the home and the entirety of the outdoor living space is within the average lakeshore setback. The impacted neighbor to the south is situated at much higher grade and is setback further from the lake. The change in topography along with the existing vegetation allows the proposed screen wall to have little to no impact. The neighbor to the south has provided support of the project. An average lakeshore setback variance is required for the proposed screen wall fencing. All other elements of the project are compliant with City Code. 4. Planning Commission Vote and Comment. On October 16, 2023, the Planning Commission held a public hearing. The original proposal included an outdoor kitchen as an element of the screen wall. The kitchen elements incorporated into the design of the wall required an additional variance – a side yard setback variance. The side yard setback variance was required because the improvement is considered an accessory structure with the kitchen elements incorporated into the design. Staff was not supportive of the side yard setback variance. At the meeting, the applicant agreed to remove the kitchen elements in order to eliminate the additional variance. This modification allowed staff to support the proposal and for the Planning Commission to recommend approval. The Commission reviewed the application and voted 6 to 0 on a motion to approve the requested average lakeshore setback variance for the screen wall fencing with the condition to remove the outdoor kitchen elements that were incorporated into the screen wall. The applicant has since provided revised plans that meet this condition and are attached as Exhibit B. Draft minutes from the Planning Commission are included as Exhibit C. 5. Public Comment. The applicant has provided neighbor acknowledgement forms. The impacted neighbor to the south at 1000 Tonkawa Road spoke at the Public Hearing in support of the requested variance. 6. Staff Recommendation. Staff recommends approval of the revised proposal. COUNCIL ACTION REQUESTED Motion to adopt Resolution No. 7424 Exhibits Exhibit A. Draft Resolution No. 7424 Exhibit B. Revised Plans Exhibit C. Draft PC Minutes 10/16/2023 Exhibit D. PC Staff Report 10/16/2023 Item No.: 20 Date: November 13, 2023 Item Description: #LA23-000059, Jennifer Germain with Pebl Design, 980 Tonkawa Road Variance – Resolution No. 7425 Presenter: Natalie Nye Planner Agenda Section: Consent Agenda