04-08-2024 CC Agenda Packet - Laserfiche WebLink

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Date: April 8, 2024 Item: 15 Presenter: Melanie Curtis, Planner Section: Community Development Report Title: LA24-000008, GreenWood Design Build o/b/o Brenda Iversen, 1850 Lakeside Trail, Variance 1.Purpose: To consider a variance to allow a driveway within 75-feet of the OHWL of Dickey's Lake Creek to be widened to 12 feet where 8 feet is the maximum driveway width permitted. 2.MN§15.99 Application Deadline: This application was received and considered to be complete on February 19, 2024. The original 60-day review timing was to expire on April 19, 2024. Due to the additional time required for review, the 60-day application review deadline has been extended an additional 60-days and will expire on June 18, 2024. 3.Background: The property was platted in 2019 as part of Willow Bay Sanctuary. The only access to the property is over Dickey’s Lake Creek, a protected tributary. City Code allows for a driveway with a maximum width of 8 feet within the 75-foot setback from the OHWL of protected waters if there is no other access to the property. The new home is currently under construction; and the project is nearing completion. The property owner requests a variance to allow the driveway to be increased to 12 feet in width creating new encroachments and additional hardcover on both sides of the creek. The applicant’s request to increase the width of the driveway from 8 feet to 12 feet would result in an additional 737 square feet of hardcover within the 75-foot setback from the creek. 4.Planning Commission Vote and Comment: At the March 18th meeting, the Planning Commission voted 3 to 1 in favor of recommending approval of the request to permit a 12 foot wide driveway within the 75 foot creek setback. 5.Staff Recommendation: The newly created property and roadway corridor were arranged and oriented with the tributary as an existing condition. Adequate access to the property was proposed by the developer and approved by the City as a minimal, 8-foot wide driveway over the creek as permitted by Code. The property owner should have been informed about the limitations of the property at the time of purchase. Staff does not find practical difficulties that support the applicant’s request to increase the driveway footprint and hardcover within the creek setback. Staff recommends denial of the request to allow the width of the driveway to exceed 8 feet. AGENDA ITEM COUNCIL ACTION REQUESTED The Council should review the applicant's request and the recommendations of the Planning Commission and staff. Council should direct staff to draft a Resolution reflecting your decision to be considered at the April 22nd Council meeting. 162