01-19-2016 Planning Commission Packet

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, . FILE#15-3795 12 Jan 16 Page 5 of 5 Shoreland regulations. Many ofthe homes surrounding French Lake were constructed prior to the existence of the 150-foot setback. The home was constructed ±70 feet from the OHWL and ±40 feet from the wetland at a time when a 26-foot wetland setback was required. The location of the home and the application of the 26-foot setback would have permitted construction of a pool or other improvements at that time.The property is large although awkwardly shaped, the home is approximately 18 feet higher than the lake/wetland level, and the home, existing trees, and other vegetation offer separation and potentiaily screening from any visual impacts resulting from the location of the home. The open water area of French Lake is situated more to the north and east of the subject project area, approximately 420 feet away. The proposed deck additions provide access from the driveway to the lake side. Staff finds that there are special conditions relating to the existing home and property which support granting the requested lake setback and average lakeshore setback variances for the some or all of the deck improvements. Further, the variance to permit an encroachment into the 10-foot structure to structure separation between the pool and deck stair is reasonable due to the nature of the deck and the need to reduce the hardcover near the lake; the pool will be 10 feet from the deck surface. The proposed pool will be located 4 feet from the pergola and stairs off of the dining deck (10 feet from the walking surface of the deck); approximately 80 feet lakeward of the average lakeshore setback line; and entirely within the 150-foot structure setback. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation The Planning Commission should evaluate the practical difficulty criteria against the requested revised variances and make a recommendation to the City Council. Planning Staff recommends approval of the variances to allow modifications to/construction of the decks and pergola lakeward of the average lakeshore and 150-foot lake setback,as well as the variance to allow less than a 10-foot separation between the deck stairs and the pool. Staff recommends approval of the portions of the stairs and walls for the lake access, however recommends denial of the additional hardcover resulting from the paver walkway within the 75-foot setback.