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Date Application Received: 12/13/2023 <br />Date Application Considered as Complete: 12/14/2023 <br />60-Day Review Period Extension Expires: 04/12/2024 <br /> <br /> <br />To: Chair Bollis and Planning Commission Members <br /> Adam Edwards, City Administrator <br /> <br />From: Melanie Curtis, Planner mcc <br /> <br />Date: 16 January 2024 <br /> <br />Subject: #LA23-000068, Murphy & Co. Design o/b/o 3400 Fox Street Trust <br />3400 Fox Street <br /> <br />Variance <br />Public Hearing <br /> <br /> <br />Background <br />The applicants are requesting average lakeshore setback variances to redevelop the 7+ acre <br />peninsula property at the westernmost end of the private road portion of Fox Street addressed as <br />3400 Fox Street. Due to the property’s orientation as a peninsula, and the location of the homes on <br />either side (3345 Fox Street on the north, and 3350 Fox Street on the east), the average lakeshore <br />setback line renders the property unbuildable. For this reason, the average lakeshore setback line is <br />not depicted on the certificate of survey. Please refer to the aerial photo, Exhibit I, for the average <br />lakeshore setback line. <br /> <br />The property is also encumbered with a view easement benefitting the owners of 3350 Fox Street to <br />the east (Lot 4, Block 1, Fullerton Estates). The view easement is depicted on the certificate of <br />survey (Exhibit E); the easement is attached as Exhibit K. <br /> <br />The applicant is proposing to construct a new home and detached garage on the property. The <br />existing guest house on the west shoreline is proposed to remain at this time. Other than the <br />average lakeshore setback, the proposed home and detached garage will conform to all other <br />zoning requirements. The applicant will need to adjust the retaining wall and “guest court” <br />associated with the detached garage to meet a minimum 5-foot setback from the property line. <br /> <br />Practical Difficulties Analysis <br />Applicant Submittal Information: The applicant has identified the orientation of the property as a <br />peninsula/corner lot and its relationship to the adjacent lakeshore homes as the primary practical <br />difficulty supporting the requested variance(s). Additionally, they have provided supporting <br />documentation regarding Practical Difficulties, attached as Exhibit C, and should be asked for <br />additional testimony regarding the application. <br /> <br />Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff agrees with the <br />applicant’s assessment the peninsula character of the lot as well as the location and orientation of <br />the neighboring homes create considerable difficulty for the development of the property. The <br />application of the average lakeshore setback renders the property unbuildable as it overlaps the <br />required 50-foot rear setback. The additional encumbrance of the private view easement further <br />Application Summary: The applicant is requesting average lakeshore setback variance <br />approval to construct a new home and detached garage on the property. <br />Staff Recommendation: Planning Department Staff recommends approval with conditions. <br />162