pm_991013 - Laserfiche WebLink

Home

condition of approval and further that the Courts had directed Mr. Kadrie to remove the existing deck. Member Wilke questioned the depth of the deck. Member Egli asked if hardship factor had changed since the initial request; Thomas Paschke indicated this was up to the applicant to prove. Charles Kadrie, applicant, discussed his application and advised the Commission that he considered the hardship defined by the need to maintain the kitchen windows; ease of escape from the bedroom if there is a fire; aesthetically more pleasing as a transition area from the lake. He indicated that properties at 1199 and 1225 Josephine Road had variances greater than his with significantly greater encroachments. Chair Klausing read an email note from Gordon and Jackie Knott, 1275 Josephine Road, supporting the Kadrie request. He also noted a letter from Florence Ellenwood, 1251 Josephine Road, asking that the City abide by its building rules and regulations. Further, a letter was received from Maribelle Cushman, 1265 Josephine Road, asking if Mr. Kadrie's deck was legal and within city code requirements. Member Egli again asked if there were new hardships being presented, i.e., what is different from the last time variance requested? Mr. Kadrie discussed the history of the site and stated the hardship has changed in that if there is a fire he has no ingress/egress without the deck. Chair Klausing asked if there were any comments or questions from the public; there were none, whereupon Chair Klausing closed the hearing. Discussion: Member Rhody indicated support for the request. Motion: Member Rhody moved, seconded by Member Cunningham, to recommend approval of Charles Kadrie's request for a variance from Section 1 016.22C of the city Code to reduce the deck setback from the Lake Josephine lakeshore to 23 feet, 6 inches from the original shoreline, 29 feet, 6 inches from the repaired shoreline, with a maximum 3 foot maintenance deck attached to the north kitchen wall of the existing structure for the property located at 1281 Lake Josephine Road, based on the following findings: 1. Section 1 016.22C requires a minimum shoreland setback of 75 feet, but allows for nonconforming structures if: the house was built prior to March 27, 1974; no reasonable alternative deck location could be found; and, the proposed deck extension would not exceed 15% of the existing structure setback from the lake or be no closer than 30 feet, whichever is the greater setback. 2. The closest a nonconforming deck structure can be extended to the shoreline is 30 feet; in the Kadrie request the maintenance deck would be within 23'6"ofthe original shore and 29'6" from the repaired shoreline. 3. The amended proposal is consistent with the purposes of the shoreland code, which is to reduce structure development and density adjacent to the shoreline, improve aesthetics, reduce runoff and erosion, and retain water quality. By removing the original deck, the Code requirements would be met and the maintenance walkway would be 29 feet, six inches from the repaired shore. 4. By filling the shoreline, the applicant asserts that some additional relief from setback requirements should be provided. Filling and shoreland protection is not considered a method to further encroach structures on the shoreline. If this structural encroachment were considered the incentive, more lake and shoreland filling would occur, reducing the public water body. The MnDNR has objected to this reasoning and increased encroachment on the shoreline. 5. Section 1013.02 of the City Code requires the applicant to demonstrate a physical hardship and to demonstrate that no practical alternatives exist that would reduce the need for a variance. Mr. Kadrie has described the physical hardship as the inability to exit the main kitchen space or maintain the 14 to 16 high glass wall without a 3-foot maintenance walk. 6. Because the requested structure already occupies the site, the proposed variance, if granted, will not further adversely affect the public health, safety, or general welfare, provided standards/conditions. 7. Over the past two years the Planning Commission and/or City Council have considered similar requests. Though each request is unique and has a different set of circumstances, in the case of 1199 and 1225 Lake Josephine Road, the requests were modified to either set the requested improvement further away from the lakeshore or retain/improve the existing patio surface, respectively. In the Kadrie case, the maintenance deck nearly meets the minimum 30-foot setback for a pre-existing deck, when we measure from the repaired shoreline. Mr. Kadrei would be required to remove the 6 foot, 4 inches of an existing non-conforming deck. 8. The Planning Commission and City Council have reiterated the City policy of not approving variances for issues where physical hardship can not be demonstrated. In this case Mr. Kadrie cites the need for access and property maintenance as hardship.