BZ Minutes 11.14.24 - Laserfiche WebLink

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Minutes for the Board of Zoning Meeting of Thursday, November 14 , 2024 Chair Weidt called the meeting to order at 6:30 pm. PRESENT: Arcand, Petty, Weidt. ABSENT: None. STAFF: Rachel Juba, Community Development Director Max Gort, Associate Planner Approval of Minutes for the BOZA Meeting of May 23, 2024 Board Member Petty made a motion, seconded by Board Member Arcand to approve minutes for the meeting of May 23, 2024. All ayes. Motion carried. Public Hearing: Jim and Laurie Stodola, 12757 Homestead Drive North – Variance request to allow for a deck to be placed within the required 100-foot setback of the ordinary high-water level of Sunset Lake. Associate Planner Gort provided a background on the request submitted by Jim and Laurie Stodola for their property located at 12757 Homestead Drive North. The request was to allow for a deck to be attached to the east side of the house, located 56 feet from the ordinary high-water level (OHWL) of Sunset Lake, where a setback from the OHWL of 100 feet is required by the shoreland ordinance. The proposed deck would be constructed on the southern side of the property and would be in-line with the existing house relative to the lake. In order to meet the criteria necessary to approve a variance, the applicant must demonstrate that there are practical difficulties in meeting the ordinance standard, and that the requested variance keeps with the spirit and intent of the ordinance. The request is a reasonable use because the proposed deck would be constructed in-line with the existing house, screening is provided by existing trees and vegetation, and the proposed deck meets all other building requirements in City Code. There are unique circumstances because the house was likely constructed before the current shoreland standards were put in place, and the majority of the house is already located within the required setback. Any construction of deck on the east side of the house would require a variance, but construction of a deck on the west side of the house would be more disruptive to the character of the area, as decks are not typically found in the front yards of houses. The existing trees providing screening and the construction of the deck in-line with the existing house will not significantly alter the view from the lake or adjacent properties. It is in staff’s opinion that there are practical difficulties in meeting the ordinance standard. The spirit and intent of the shoreland ordinance setbacks is to protect the view from public waters from being dominated by buildings. The Minnesota DNR administers state shoreland rules, and the area hydrologist recommended that if the City approved the variance request, that additional mitigation conditions be in place. Staff is requiring