06-17-2024 Planning Commission Packet

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Date Application Received: 03/20/2024 Date Application Considered as Complete: 06/10/2024 60-Day Review Period Extension Expires: 08/09/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 17 June 2024 Subject: #LA24-000018, Matt Jasper, 4745 North Shore Drive Conditional Use Permit: retaining walls within the 75-foot setback/bluff Variances: Average Lakeshore Setback, 75-foot Lake Setback, Hardcover w/in 75-foot setback Public Hearing Background The applicant, Matt Jasper, is the new owner of the property. The Minnehaha Creek Watershed District issued Permit 24-056 for shoreline stabilization including rip-rap (attached as Exhibit K). Additionally, Mr. Jasper proposes to install a new, stone lake access stair with retaining wall-supported landings, a new lakeside shed, and a retaining wall upslope from the new rip-rap on the eastern portion of the shoreline. The shed requires average lakeshore and 75-foot OHWL setback variances, and a hardcover variance within the 75-foot setback; the retaining walls require conditional use permit approval. The building pad area for the lake shed and the applicant’s measurements of the previously existing metal shed do not align with the city’s survey records, nor was there a permit for a shed with the noted dimensions in the property file. If the removed metal shed was placed on the lakeshore without permits, it would not be a legally nonconforming building with the rights and protections afforded to legal non-conformities. The applicant’s current shed design appears to be an attempt to recapture an illegal nonconforming building as there does not appear to be conclusive evidence to legitimize the metal shed. Therefore, the proposed shed should be viewed as a new improvement that is not supported by the City code or by staff. City Code Section 78-1281 allows a 20- square-foot lock box with a maximum height of 48 inches within the shore setback zone. According to the submitted survey, the proposed shed will be 2.88 feet from the OHWL; alternately, the Hagen wall site plan shows the shed proposed at 3.4 feet from the OHWL. The inconsistencies throughout the submitted information should be resolved before the application is reviewed by the City Council. In bluff and steep slope settings, the code allows stairways, lifts, and landings either constructed above the ground on posts or pilings or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion. The applicant should provide supporting evidence that the proposed stone staircase is preferential to the post stair system. Application Summary: The applicant requests a conditional use permit and variances to construct new retaining walls, lake access stairs supported by walls, and a new 14.5’x 11.3’ lakeside shed placed less than 5 feet from the OHWL within the average lakeshore setback, 75-foot lake setback, bluff area, and restricted hardcover area. Staff Recommendation: Planning Department Staff recommends denial of the variances for the shed as proposed, denial of the set-in-grade stone staircase with walls in the bluff, and staff further recommends tabling the application to allow the applicant to provide the additional information requested. 8