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<br /> <br /> <br />2. Allow for an exception from the ALS for homes over 300’ back from the lakeshore. <br />This option removes the home that is over 300+ feet from the lake. This could relieve the <br />number of variances being requested each year, but it could allow for a new home to be <br />built lakeward of an existing home impacting lake view. <br /> <br />3. Allow for an exception for decks to encroach within the ALS as currently applied. A <br />deck is considered to be a part of the principal structure and currently must adhere to the <br />ALS. An elevated deck on a neighboring home is also used as the closest point for <br />measurement. This option could eliminate some variances, but would allow for <br />encroachments over 42 inches in height within the ALS which could impact views of the <br />lake. <br /> <br />4. Eliminate the ALS regulation. This would allow for homes to be built to the required <br />lake yard setback (i.e.,75’ from Lake Minnetonka) and could impact existing lake views. <br />This option would remove the neighboring properties perceived “right to a view” over <br />land they do not own. It would simplify development and the City Code. <br /> <br />5. No Changes. Residents and stakeholders are familiar with the current code. The ALS is a <br />setback which has an outcome that pushes back development from the lake with helps <br />with lake preservation. The City processes a lot of ALS variances each year and the <br />setback is subjective as it is based on the neighboring homes. <br /> <br />Staff Recommendation: <br />Option A: Staff is recommending a text amendment to eliminate the ALS. The intent is for the <br />ALS to protect the neighbor’s viewshed which is subjective and not the goal of the City Council. <br /> <br />Option B: If the ALS regulation stays in place, Staff would recommend that City Council <br />consider a recalculation of how the ALS is determined. If Council has a goal of a secondary <br />setback to help preserve the lake and also to create uniformity along the lakeshore the Council <br />should direct staff to draft language for recalculating the ALS to a mathematical average of the <br />homes which would create a measured setback from the OHWL for each property. <br /> <br />COUNCIL ACTON REQUESTED: <br />Council should discuss the information and provide guidance to staff for next steps. <br /> <br /> <br />EXHIBITS: <br />EXHIBIT A. 8.14.23 Work session Item <br />