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Date Application Received: 09/20/2023 <br />Date Application Considered as Complete: 10/04/2023 <br />60-Day Review Period Expires: 12/03/2023 <br /> <br /> <br />To: Chair Bollis and Planning Commission Members <br /> Adam Edwards, City Administrator <br /> <br />From: Natalie Nye, Planner <br /> <br />Date: October 16, 2023 <br /> <br />Subject: #LA23-000059, Jennifer Germain with Pebl Design, 980 Tonkawa Road <br />Variances - Public Hearing <br /> <br /> <br />Background <br />The applicant is requesting an average lakeshore setback variance and a side yard setback variance for the <br />construction of a screen wall and outdoor kitchen area. The proposed improvement is 6 feet in height and <br />includes an outdoor kitchen that serves the outdoor patio. The proposed screen wall is considered an <br />accessory structure and not a fence due to the grill, sink, and other elements that are incorporated in its <br />design. The proposal does not meet the 10-foot setback requirement for accessory structures and is 6 feet <br />in height within of the average lakeshore setback line where 42 inches (3.5 feet) is permitted. All other <br />zoning requirements including hardcover are met. <br /> <br />Practical Difficulties Analysis <br />Applicant Submittal Information: The applicant has identified the existing conditions of the property as a <br />practical difficulty. Currently there is an accessory structure of a 3-foot-tall wall enclosing a grill within the <br />required side yard setback. The applicant is proposing to recapture this element of the current outdoor <br />space in their new design. The applicant has also identified the topography and extreme average <br />lakeshore setback line as practical difficulties. The current home is within the average lakeshore setback <br />and the neighboring and impacted neighbor is situated at a much higher grade and therefore is not <br />impacted by the proposed 6-foot accessory structure <br /> <br />Planning Staff Practical Difficulty Analysis: There are some practical difficulties to support a variance to the <br />average lakeshore setback. However, Staff does not find that there is practical difficulty to allow a side <br />yard setback variance. Staff finds that the property does have a significant grade change between the <br />subject property and the impacted neighbor at 1000 Tonkawa Road. There is also substantial vegetation <br />between the two properties. Staff does recognize that the proposed taller height of the accessory <br />structure would not impact the neighbor’s view of the lake due to the difference in grade, vegetation, <br />extreme average lakeshore setback limits and distance from the lake. However, the property owner has <br />reasonable use of the site for the single-family home. An accessory structure of an outdoor kitchen is not <br />necessary for the use of the property. The proposed location for the outdoor kitchen is out of convenience <br />since there is a conforming building envelope on the site for the proposed project to meet the 10 foot <br />required side yard setback. <br /> <br /> <br /> <br /> <br /> <br />Application Summary: The applicant is requesting an average lakeshore setback variance and an accessory <br />structure side yard setback variance for an outdoor kitchen and screen wall. <br />Staff Recommendation: Planning Department Staff recommends denial as applied.