02-26-2024 CC Agenda Packet - Laserfiche WebLink

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Item No.: 8 Date: February 26, 2024 Presenter: Natalie Nye Presenter: Planner Section:Community Development Report Title: LA23-000062, Peter Eskuche, 4423 North Shore Drive, Variances 1.Purpose: This application is regarding variances from average lakeshore setback and bluff setbacks in order to construct a new home. 2.MN§15.99 Application Deadline: The application was received December13, 2023 and considered to be complete on December 26, 2023. Staff has administratively extended the deadline an additional 60 days per State statute and therefore the 120-Day deadline will expire on April 24, 2024. 3.Background: The applicant is proposing to demolish the existing home and construct a new home in a similar location. The subject property is a lake lot that also fronts on a channel. The property contains bluffs along the lake and channel frontages. The subject property is subject to lake setbacks along the southern and western property lines as well as bluff setbacks. There are two different bluff setbacks from the top of the bluff, a 20-foot bluff impact zone and a 30-foot bluff setback. No structural improvements are permitted in either setback. Grading is not permitted within the bluff impact zone. The existing home is nonconforming as parts of the home and driveway are located within the bluff setback and within the bluff impact zone. The average lakeshore setback is determined by the neighbor to the east and is a flat setback of 107.6 feet from the OHWL. The existing home encroaches into the average lakeshore setback on both the south and western areas of the home. The proposed home requires an average lakeshore setback variance and variances from the required bluff setbacks due to the proposed placement. The proposed home has been pulled farther away from the bluff than the current home, but still requires substantial grading within the bluff and new retaining walls within the bluff setback. The proposed driveway is located within the bluff setbacks and require variances. Due to the sensitivity of the bluff, Staff does not support the application as applied. The applicant’s choice of home design, location, and amenities lead to further encroachments within the bluff setback and bluff impact zone and are out of convenience for the chosen home design. The Council postponed this item at the February 12, 2024 City Council meeting in order to visit the site. Site visits were completed by some councilmembers the week of February 20th. 4.Analysis: Sec. 78-1211 defines a bluff as: Bluff means a topographic feature, such as a hill, cliff or embankment, having the following characteristics (An area with an average slope of less than 18 percent over a distance of 50 feet or more shall not be considered part of the bluff): AGENDA ITEM 122