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Date Application Received: 04/17/2024 <br />Date Application Considered as Complete: 04/19/2024 <br />60-Day Review Period Expires: 06/18/2024 <br /> <br /> <br />To: Chair Bollis and Planning Commission Members <br /> Adam Edwards, City Administrator <br /> <br />From: Natalie Nye, Planner <br /> <br />Date: May 20, 2024 <br /> <br />Subject: #LA24-000022, Amy Yanik, 1355 Vine Place, Variance - Public Hearing <br /> <br /> <br />Background <br />The applicant is proposing to replace a nonconforming lakeside deck. The existing deck is in disrepair and <br />is completely in front of the average lakeshore setback line. The applicant is proposing to construct a new <br />deck that is the same size and location as the existing deck. However, the current deck has a 30” railing, <br />which is not up to current building code standards. Building code requires a 36” railing, which the proposal <br />has included. The increase in railing height creates a new encroachment into the average lakeshore <br />setback and thus requiring a variance. <br /> <br />Practical Difficulties Analysis <br />Applicant Submittal Information: The applicant has identified the location of the existing home and deck <br />as a practical difficulty. The current lakeside deck is nonconforming to the average lakeshore setback. The <br />applicant would like to replace the nonconforming deck with an “in-kind” replacement; however, the deck <br />railing is a substandard height. In order to be built according to MN State building code standards, a taller <br />deck railing is required. <br /> <br />Planning Staff Practical Difficulty Analysis: Staff agrees with the applicant’s assessment. The entire lakeside <br />deck is not compliant to the average lakeshore setback requirement. Replacement of the deck is <br />permitted, however would need to be the exact same height and location. This includes the railing height. <br />The increase in height to bring the railing to building code standard requires an average lakeshore setback <br />variance. <br /> <br />LOT ANALYSIS WORKSHEET <br /> <br />Section 78-330 & 78-1279 – Deck Setbacks: <br />LR-1B District Required Existing Proposed <br />North Side 10’ 12’ 12’ <br />South Side 10’ 120’ 120’ <br />Lakeshore 75’ 144’ 144’ <br />Average Lakeshore Not Compliant Not Compliant <br /> <br /> <br /> <br /> <br /> <br /> <br />Application Summary: The applicant is requesting an average lakeshore setback variance in order to replace <br />a lakeside deck. <br />Staff Recommendation: Planning Department Staff recommends approval. <br />51 <br />PC <br />Exhibit A