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Council approves two variances for bluff and rear-yard setbacks, adds easement condition
Summary
Chisago City Council approved a variance allowing a 0-foot top-of-bluff setback at 27930 Kent Avenue and a 2-foot rear-yard deck encroachment into a drainage and utility easement at Parkview Circle, adding a condition that the city is not responsible for deconstructing/reconstructing the deck if future city work requires it.
Chisago City Council on May 27 approved two separate variance requests affecting residential properties in shoreland and plat overlay areas.
At 27930 Kent Avenue, owners Tim Libertini and Rachel Lukasik sought a variance to remove an existing house and build a new one with a 0-foot setback from the top of bluff, where a 30-foot setback is required by code. Associate Planner Leah Nelson said the Planning Commission held a public hearing and recommended approval with conditions after learning that the bluff line had been mechanically altered in the past; a neighbor said the proposed house would align with existing homes. Council member Craig Meyer moved to approve the variance, Council member Mark Anderson seconded, and the motion passed unanimously; the council authorized execution of Resolution 25-05-02.
On Parkview Circle, Tim and Anita Whalen requested a variance to construct a deck with a 2-foot rear-yard setback where 10 feet is normally required and to place three footings in or next to a drainage and utility easement. Nelson said staff recommended approval with two conditions, including recording the council's determination and requiring a building permit. Administrator John Pechman noted the city owns the drainage property and said there are no immediate plans to develop it; the council added a condition stating the city will not be responsible for deconstructing or reconstructing the deck or its footings if future work in the easement is required. The minutes present the application as '8925 Parkview Circle' in one place and record a motion referencing '9825' in another; the council approved the variance and the motion carried unanimously.
Both items were reviewed by the Planning Commission on May 1 and came to council with staff recommended conditions. The minutes do not reproduce the full list of staff conditions; applicants are responsible for obtaining required permits and complying with any recorded conditions.
