06-18-2012 Planning Commission Packet

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/ 1'♦ ' � J 12-3555 June 11,2012 Page 2 of 2 the same time they would like to be able to maintain the buildable status of the property that was granted with the 2009 approvals. _ � The original approvals expired in October of 2010, and were extended on April 25, 2011 to October 29, 2011. The current request would be for a new variance approval with an expiration date of one year from the date of the new Council approval (July 2013). The proposed house as approved in 2009 was setback 40.9 feet from the lake as compared to the 20' lake setback of the existing house, but would still encroach past the average setback line. The primary difficulty in meeting the setback requirements was that the area between the existing house and the street is below the 931.5' floodplain elevation, so some . floodplain rearrangement was necessary in order to provide for a suitable location for the . new home, further from the lake but still outside the 931.5' 100-year flood elevation to the greatest extent possible. The approval granted in 2009 includes: � 1) A variance to Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required; ' 2) A variance to Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required; 3) Variances to Section 78-1288 to allow 16.2% hardcover within the 0-75' setback from the lake where 0% is allowed and 0% frorri the lagoon where 0% is allowed, and 18.2%within the 75'-250' zone where 25% is normally allowed; and 4) A conditional use permit pursuant to Section 78-966 to allow grading and filling within the 0-75' zone and within the 100-year floodplain in order to mitigate for a building pad location outside of the 100-year floodplain for the construction of the new home. No changes to the 2009 approval are proposed. This application is in front of the Planning Commission based on the provisions of Zoning Code Section 78-129 which allows a variance extension to be acted upon by the City Council as long as the request is made 60 days prior to the expiration of the variance. Because this request is occurring after the October 29, 2011 latest expiration, it is treated as a new application. However, staff believes that because there are no changes proposed and the City codes affecting the various elements of the approvals have not changed, an abbreviated review process is appropriate. Please review the findings, conclusions and conditions of Resolution No. 5872 (Exhibit A). Issues for Consideration � Does Planning Commission have any concerns regarding this application since there are no changes from prior approvals? , Staff Recommendation . Staff recommends approval of the variances & CUP per the findings, conclusions and conditions of Resolution No. 5872.