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AGENDA ITEM <br />Prepared By: NAN Reviewed By: LLO Approved By: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. This application is regarding variances for lot area, lot width, 75-foot lake setback, <br />hardcover within the 75-foot lake setback, overall hardcover, and rear yard setback for the construction of <br />a new home. <br /> <br />2. MN§15.99 Application Deadline. The application was received August 23, 2023 and considered to <br />be complete on October 2, 2023. Therefore the 60-Day review period expires on December 1, 2023. <br /> <br />3. Background/ Summary. The applicant is proposing to demolish the existing home and construct a <br />new home on the lot in a similar location. The subject property is substandard in size and width and has a <br />building envelope that cannot accommodate a single-family home. The existing home on the property is <br />nonconforming as it relates to the required lake yard setback, side yard setback, rear yard setback and <br />hardcover. The City Council and Staff has been strict on the application of average lakeshore setback in <br />order to maintain the uniformity of the street and preserve the neighboring views of the lake. The <br />proposed home meets the average lakeshore setback requirement and has proposed a rear yard setback of <br />10 feet, where 30 feet would be required. The project also includes the removal of a shed on Hennepin <br />County owned property. The overall project requires variances form lot area, lot width, hardcover within <br />the 75-foot setback, overall hardcover, and rear yard setback. <br /> <br />4. Planning Commission Vote and Comment. On October 16, 2023, the Planning Commission held a <br />public hearing. The Commission reviewed the application and noted the site constraints of the lot and the <br />character of the neighborhood being maintained. The Planning Commission voted 6 to 0 on a motion to <br />approve the requested variances as applied with the recommended conditions given by Staff. <br /> <br />5. Public Comment. A letter from the neighbor to the west (3365 Crystal Bay Road) was included in <br />the Planning Commission packet. This neighbor, Brandon Bouldoc, was also present at the Planning <br />Commission meeting and spoke against the project during the Public Hearing. Brandon Bouldoc noted the <br />increase in hardcover and concern over the loss of lake views as issues. Also included in the Planning <br />Commission packet is a letter from Hennepin County Regional Railroad Authority (HCRRA) in <br />opposition of the rear yard setback variance. <br /> <br />6. Staff Recommendation. Staff recommends approval. Staff finds that there is practical difficulty in <br />the size and width of the lot and lack of building envelope. Staff finds the setback from the lake to be <br />appropriate due to meeting the average lakeshore setback. The increase in hardcover needed for the <br />project is largely due to the new home having a two-stall garage instead of one and a larger driveway to <br />accommodate parking on site. Staff is supportive of this due to the challenges of street parking in the area. <br />Staff recommends approval with the following conditions: <br />1. The property cannot use the HCRRA corridor for any personal improvements. <br />2. Pervious pavers or similar material must be used for any walkways or patios. <br />3. Stormwater Mitigation such as gutter must be installed on the property. <br /> <br /> <br />COUNCIL ACTION REQUESTED <br />Motion to adopt Resolution No. 7422 following staff’s recommendation. <br />Item No.: 18 Date: November 13, 2023 <br />Item Description: #LA23-000050, John McGary with Lucid Builders, 3359 Crystal <br />Bay Road Variances – Resolution No. 7422 <br />Presenter: Natalie Nye <br />Planner <br />Agenda <br />Section: <br />Consent Agenda