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AGENDA ITEM <br />Date: September 22, 2025 <br />Item: 15 <br />Title: LA25-000025, 1530 Orchard Beach Place, Variance - Resolution 7613 <br />Presenter: Matt Karney, Planner <br />Section: Community Development Report <br />Purpose: <br />To accept the approval resolution for a variance allowing a new accessory building within the <br />average lakeshore setback. <br />2. MN§15.99 Application Deadline: <br />The application was made on June 17, 2025 and deemed complete on June 20, 2025. The <br />application was administratively extended an additional 60 days (120 total days), to expire on <br />October 18, 2025. <br />3. Background: <br />The applicant proposes an accessory building, a pool cabana, lakeward of the average lakeshore <br />setback, where a permitted patio and pool are under construction. As the property is adjacent to <br />right-of-way, the average lakeshore setback is defined by the distance between the ordinary high <br />water level (OHWL) and the adjacent residence to the east, making a setback of 129 feet from the <br />OHWL. <br />At the September 8 meeting, the Council considered additional information submitted by the <br />owner's representative. The Council reviewed this information and motioned to rescind the denial <br />of the application (3-2), and subsequently, motioned to direct staff to draft an approval resolution <br />for the proposed average lakeshore setback variance as applied (3-2). An approval resolution has <br />been drafted for the Council's consideration attached as Exhibit A. <br />Link to Planning Commission Packet <br />Link to 8/11/25 City Council Meeting <br />Link to 8/25/25 City Council Meeting <br />Link to 9/8/25 City Council Meeting <br />4. Planning Commission Vote and Comment: <br />At the July 21 Planning Commission meeting, the variance received a recommendation of approval <br />on a vote of 4-0 with conditions. <br />Public Comment: <br />Two (2) public comments have been received, attached as Exhibit D. <br />The applicant submitted additional information for the August 25 and September 8 Council <br />meetings, attached as Exhibit B. <br />6. Staff Recommendation: <br />Staff recommends the adoption of Resolution 7613. <br />115 <br />