02-23-2026 - Agenda Packet City Council - Regular Meeting

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AGENDA ITEM Date: February 23, 2026 Title: LA25-000036, 1200 Wildhurst Trail, After -the -Fact Variances and Conditional Use Permit Presenter: Melanie Curtis, Planner Section: Community Development Report Item: 16 Purpose: This action item is regarding after -the -fact approvals for improvements installed or constructed without City permits or authorization. 2. MN§15.99 Application Deadline: The application was received and deemed complete on July 23. Pursuant to the 60-day statutory review timeline, the initial review period was set to expire on September 21, 2025. Staff exercised the option to extend the review period an additional 60 days, establishing a revised deadline of November 20, 2025. Subsequently, additional time was required to process the application, and further extensions were requested. The current extension period is set to expire on March 20, 2026. 3. Background: As a result of a property complaint, the City became aware that several improvements had been constructed on the subject property without required approvals. These include: • A patio constructed within the required side setback and extending across the property line; • Tiered retaining walls located within the side yard and the 75-foot lakeshore setback, also extending across the property line; and • A shed placed within the average lakeshore setback. Each of these improvements requires land use approvals, including variances for setback encroachments and a Conditional Use Permit (CUP), in addition to the necessary building permits. Since identifying these violations, City staff has worked with the property owner in an effort to resolve the matter through after -the -fact land use approvals. The applicant is requesting after -the -fact variance and CUP approvals for: • The patio area, stairs, and low retaining walls on the lakeside of the home; and • The tiered retaining walls located within the 75-foot lakeshore setback and 5-foot side setback. However, staff has been unable to obtain the updated survey or revised site plans for the walls and patio as directed by the Planning Commission. Additionally, the applicant has not provided any details regarding the shed located within the lakeshore yard setback. To date, the applicant has not been communicative or forthcoming with the required materials necessary to evaluate the request. As a result, the improvements remain in violation of City Code. Staff has spent the last seven months attempting to convince the applicant to provide the necessary information without success. Given the lack of responsiveness and failure to provide the requested 98