Title
RESOLUTION AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO DENY A VARIANCE TO CONSTRUCT A STAIRWAY WITHIN THE FIFTY-FOOT GENERAL DEVELOPMENT WATERS SHORELAND SETBACK AT 4814 LONDON ROAD.
Body
CITY PROPOSAL:
RESOLVED that the city council finds as follows:
a. On July 3, 2017, David Larsen applied for a variance to construct a stairway within the fifty-foot general development waters shoreland setback on property located at 4814 London Road; and
b. The planning commission considered the request as outlined in file number PL 17-103 at its September 12, 2017 meeting after holding a public hearing on the matter; and
c. The staff report (Attachment 1) from the planning commission meeting is incorporated herein by reference; and
d. The planning commission voted 6-0 to deny the variance based on the following findings:
1. The request is not in harmony with the purposes and intent of the zoning code related to the planned and orderly development within the city, as reflected by the shoreland setback requirements within general development waters, such requirements are met by having structures outside of the 50 foot shoreland buffer. This proposal is encroaching over halfway within the required setback; and
2. The request is inconsistent with the comprehensive plan (shoreland setback), the proposed expansions of the property to improve safety and increase property values are not supported by the adopted criteria of the UDC for the approval of a shoreland variance; and
3. The applicant has not established practical difficulty because:
i. The plight of the landowner is due to the convenience of accessing the lakeshore; with a lot size of 100 x 300 feet the applicant is not at risk of losing enjoyment of his property; and
ii. The property already has a large deck (approximately 14' x 18') that faces Lake Superior providing views and reasonable use of the lake in a manner that is comparable to nearby properties; direct access to Lake Superior is unus...
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