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LA515\1\1007188.v1 STAFF REPORT DATE: 2/4/2025 REGULAR MOTION TO: City Council FROM: Sophia Jensen, Senior City Planner AGENDA ITEM: Variance Requests – Chavez Property REVIEWED BY: Jason Stopa, Community Development Director Sarah Sonsalla, City Attorney INTRODUCTION/BACKGROUND: Joe and Joan Chavez ( the “Applicants”) submitted a variance application for seven (7) deviations from the City’s Shoreland Management Overlay District Code (Section 105.12.1260) for the property located at 14.029.21.24.0004 (“Chavez Parcel”) and 14.029.21.13.0023 (“Northstar 1st Addition Outlot B”). The property is 11.2 acres in size with ~1.37 acres above the Ordinary High-Water Level (“OHWL”). The site is currently undeveloped with heavily vegetated steep slopes down to Sunfish Lake. The Applicants have owned the Chavez Parcel since 1993. The Northstar Outlot B parcel was platted as part of Northstar 1st Addition in 2024. The Chavez Parcel and Northstar Outlot B parcel will receive access and utility stubs through the Northstar 2nd Addition. Access to public streets, public water, and public sanitary sewer will not be available to the property until Northstar 2nd addition is platted, conditions have been met, the plat has been recorded, and site construction built out and approved by the City. The City Council approved a comprehensive plan amendment and zoning map amendment in 2024 (Ordinance 2024-10 and Resolution 2024-059) to allow the Chavez Parcel and the Northstar Outlot B parcel to be combined without split zoning (RR and V-LDR). In that report, City Staff advised the Applicants work with the Northstar developer to create an outlot shape that would reduce or eliminate the need for variances. The Applicants are requesting to proceed with the existing outlot shape which is requiring seven variances. The Applicants are looking to receive land use approvals so they can list the property for sale as a buildable single family residential lot. Per Section 105.12.320 of the City Code, variances expire if work does not commence within 12 months of the date of granting the variance. If approved, the variances may expire due to the timing of infrastructure and sale of the property. Also, since the Applicants are not the proposed builder, the site design may be subject to change which may necessitate additional variances or changes to the variances that have been granted. Below is a table outlining the required criteria, the existing conditions, and what the Applicants are proposing: Request Required Proposed 105.12.1260 Table 17-3 - OHWL Structure Setback 150’ 120’ 105.12.1260 Table 17-3 - Structure Setbacks from Bluff 30’ In Bluff 105.12.1260 (7)(a) - Principal Structure In Bluff Area Not Permitted In Bluff