10-21-2024 Planning Commission Packet

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Date Application Received: 09/17/2024 Date Application Considered as Complete: 10/02/2024 60-Day Review Period Expires: 12/01/2024 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 21 October 2024 Subject: #LA24-000052, Outdoor Excapes o/b/o Gregory and Maria “Mia” Swenson, 875 Forest Arms Ln Variance Public Hearing Background On behalf of the owners, Outdoor Excapes requests a variance to construct a new, reconfigured lakeside deck on the home. Building improvements must meet all required setbacks; on lakeshore properties, this includes the 75-foot lake setback and the average lakeshore setback (ALS). Based on the neighboring home locations, the existing deck on the subject property is approximately 11 feet ahead of the ALS line. The proposed improvements will encroach about 16.2 feet lakeward of the ALS line (±5 feet closer to the lake). Due to the angle of the lakeshore and the different depths of the existing and proposed decks, the resulting lake setback (for both the existing and proposed decks) of approximately 268.5 feet remains unchanged. The new deck is proposed to be elevated approximately 10 feet above the grade. The lower, southeastern portion of the deck (right side as viewed from the lake) is closer to grade level and can be approved as submitted. The left side of the existing deck will be removed and only the existing concrete patio will remain. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the location of the home and the extreme setback of the existing and neighboring homes on Forest Arms Lane as practical difficulties supporting the requested variance. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: The subject property fronts on a long channel which is somewhat disconnected from the lake. The channel creates a unique situation regarding the “lake view” that the average lakeshore setback regulation was created to protect. The lakeshore neighbor to the south (895 Forest Arms Lane) is a flag lot; the home is set back further on their property (closer to the street) than the subject. Further 895 Forest Arms Lane has no lake view over the subject property as their home is oriented to the southwest. Similarly, the neighbor to the north at 855 Forest Arms Lane also faces southwest toward the channel and is not impacted by the home on the subject property. The properties along the lake side of Forest Arms Lane have deep lake yards and the homes are situated nearer to the street side of the properties. The subject home is 277 feet from the lake. The depth of the lake yards combined with the ALS resulting from the orientation of the channel shoreline result in difficulty for the property owner in identifying a conforming location for improvements to their property. Staff finds practical difficulties supporting the variances in the location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline in question. Application Summary: The applicant requests an average lakeshore setback variance to construct a new deck with an expanded footprint. Staff Recommendation: Planning Department Staff recommends approval. 26