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Date: May 28, 2024 Item: 13 <br />Presenter: Natalie Nye, Planner <br />Section: Consent Agenda <br /> <br />Title: #LA24-000022, 1355 Vine Place, Variance - Resolution 7481 <br /> <br /> <br />1.Purpose: <br />This application is regarding an average lakeshore setback variance for the construction of a <br />replacement lakeside deck. <br />2.MN§15.99 Application Deadline: <br />This application was received on April 17, 2024 and deemed complete on April 19, 2024. <br />Therefore, the 60-day review period ends on June 18, 2024. <br />3.Background: <br />The applicant is proposing to replace a nonconforming lakeside deck. The existing deck is in <br />disrepair and is completely in front of the average lakeshore setback line. The applicant is <br />proposing to construct a new deck that is the same size and location as the existing deck. However, <br />the current deck has a 30” railing, which is not up to current building code standards. Building <br />code requires a 36” railing, which the proposal has included. The increase in railing height creates <br />a new encroachment into the average lakeshore setback and thus requiring a variance. This <br />application was reviewed by the Planning Commission on May 20th . <br />4.Planning Commission Vote and Comment: <br />The Planning Commission held a Public Hearing on May 20, 2024. The Commission discussed the <br />application and determined the replacement deck was nearly an "in-kind" replacement with the <br />small modification to raise the deck railing height in order to adhere to Minnesota State Building <br />Code. The Commission found there was practical difficulty in the existing conditions present on <br />the lot and voted 6 to 0 to approve the application as applied. <br /> <br />Please follow the link to the May 20, 2024 Planning Commission video. <br />5.Public Comment: <br />The applicant submitted neighbor acknowledgment forms. No other public comments were <br />submitted. <br />6.Staff Recommendation: <br />Staff recommends approval of the requested variance as applied. <br />AGENDA ITEM <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />COUNCIL ACTION REQUESTED <br />Motion to approve Resolution 7481 to approve an average lakeshore setback variance for a new deck at <br />1355 Vine Place. <br />Exhibits <br />60