Planning Commission recommends variance at 12954 Newlander Avenue to allow 15-foot corner-side setback

The Planning Commission voted to recommend approval of a variance for 12954 Newlander Avenue that would reduce the corner side yard setback from the required 30 feet to 15 feet, allowing construction of a two-story, three-bedroom home with an attached garage and a new driveway.

Kenja, the city planner, told commissioners the property is zoned R1 within the Shoreland Overlay District and is legally nonconforming. "So the lot is not meeting minimum lot requirements. It is non conforming," Kenja said, and added staff had determined the parcel appears on records with two tax IDs but that the lot line is not a legitimate lot line. Staff recommended approval with conditions, including that the applicant provide an updated survey reflecting all easements and that building-permit review confirm driveway width and related requirements.

Commissioners and members of the public raised technical concerns about drainage, utilities and site sightlines. Resident David Waldock asked, "How does the driveway affect the storm drain entrances?" He also told the commission that, looking at the survey, there appears to be little area on the lot that would meet all build requirements and that a variance would likely be necessary regardless of layout choices.

Neighbor Cindy, who lives on the corner, said she bought her home to enjoy lake views and that the proposed house would block her outlook. "When I look out now, I'm going to look at the backside of somebody's house," she said, asking what the change would do to her property's value.

Neighbor Cassandra Lindgren of 12955 Newlander Avenue raised utilities and drainage questions and cited the cost to bury an overhead service that she and others had been quoted. "If they bury, we're not about taking on that charge," Lindgren said, giving a cost figure of about $6,500–$6,800 for burial that residents said they did not want to shoulder. Kenja said the planner and engineer would confirm whether burial is required and would flag the issue for permit review; the commission emphasized that drainage must be handled so water from the property remains on the site and does not worsen flooding.

A commissioner asked whether a listing agent had implied the lot was readily buildable. The applicant responded that they knew a variance would be needed and that they had been told by a realtor the lot could be built on with a variance. One commissioner said she had a concern about how that information was conveyed to buyers, citing her background with real-estate licensing.

After discussion — including a comment that the intersection is low-volume and the proposed setback change poses minimal traffic visibility concerns — the chair moved to recommend variance approval "to deviate from the required corner side setback on the lot from 30 feet to 15 feet to build a new single family home with the attached garage and driveway with the conditions and findings of facts that are presented by staff." A commissioner seconded, and the motion carried on a voice vote.

The commission recorded that approval carries conditions: staff will require an updated survey showing all easements, drainage and grading must preserve existing flows and comply with easements, and building-permit review will verify driveway width and other permit-related standards. The commission closed the public hearing, and staff noted ongoing work on the comprehensive plan and other active development applications.