08-18-2025 - Agenda Packet Planning Commission - PC packet

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Date Application Received: 07/23/2025 Date Application Considered as Complete: 07/23/2025 60-Day Review Period Expires: 09/21/2025 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 18 August 2025 Subject: #LA25-000036, Brian Roath, 1200 Wildhurst Trail, After-the-Fact Variances and Conditional Use Permit Public Hearing Background In the summer of 2024, the City became aware that improvements, consisting of a new patio off the home located within the 7.5-foot side setback and across the property line, and tiered retaining walls (within the side yard and 75-foot setback from the lake) and extending across the property line, had been constructed on the subject property without City approvals. As constructed, each of the new improvements require land use approvals (variances for setback and a conditional use permit) in addition to construction permits. Since that time, staff has been working with the property owner to resolve the after-the-fact land use and permit approvals for the improvements. The property owner submitted pre-and post-construction plans of the patio area, constructed plans for the retaining walls, an engineering opinion, as well as comments from an arborist about the trees surrounding the walls on the subject property. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the irregular lot lines and home orientation as practical difficulties supporting the requested variances. Additionally, they have provided supporting documentation regarding Practical Difficulties attached as Exhibit C, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff does not identify practical difficulties in the land that support granting setback variances for the new encroachments. While the lot lines are not parallel to the home as the property owner assumed, each of the improvements is subject to construction permits. Had permits been requested, the property lines and setbacks would have been identified. The property has conforming locations to support patio improvements . The engineer’s analysis of the retaining walls within the 75-foot lakeyard indicates that the walls were necessary to stabilize the slope, improve stormwater infiltration, and correct an erosion control condition. The retaining walls within the 75-foot lake setback must meet a 5 foot setback and be screened to preserve a natural shoreline view from the lake. Application Summary: The property owner is requesting after-the-fact approvals for a variance to allow a patio constructed within the required 7.5-foot side yard, and a variance and conditional use permit (“CUP”) for tiered retaining walls constructed within 75 feet of the lake and within the 5-foot setback from the side yard. Staff Recommendation: • Denial of the setback variance for the patio and improvements near the house; • Denial of the setback variance for the retaining walls; and • Approval of the CUP for retaining walls within the 75-lake setback with conditions. See Page 7. 119 PC Exhibit A