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� , Buildability Notes re: 2090 Shoreline Drive 1) Property is subject to LR-lA Zoning District standards which require 2.0 acres of dry buildable land and 200' of width at shoreline and at 75' setback from shoreline for a buildable residential site. 2) Property contains two existing residence structures, each connected to municipal sewer. The property is subject to a Restrictive Covenant established in 1999 that limits the property to no more than two dwelling units, and prohibits subdivision of the property into more than two buildable lots. 3) At the time sewer was provided to the property the Heads requested that the City confirm that the property will continue to have two dwelling units. The City Council subsequently adopted resolution No. 4341 on August 23, 1999 which stated that"the property will continue to be able to have two dwelling units" subject to establishment of a covenant(see item above) and removal of an existing outhouse. The Resolution did not specifically address other zoning matters such as setbacks, floodplains, wetlands, etc. which may impact the location, size or other factors pertinent to replacement of dwellings on the property. 4) Based on the survey excerpts provided,the existing 2-story wood frame dwelling on the property is nonconforming with respect to location less than 75' from the 929.4' OHWL of Lake Minnetonka, and may be nonconforming with respect to other Zoning Code standards. The existing cabin is nonconforming with respect to its location within the 100-year floodplain of Lake Minnetonka(below elevation 931.5') and may be nonconforming with respect to other Zoning Code standards. 5) Property is subject to Zoning Code Section 78-1252 which pertains to Shoreland Overlay District nonconformities; to Zoning Code Chapter 78, Article VIII, Floodplain Management; and Zoning Code Section 78-71 regarding Nonconforming structures and uses. 6) It is unknown whether the property can be subdivided to create two conforming building lots based on the information available. 7) The two-story dwelling on the property is subject to the following ordinances with regard to replacement: [Section 78-71(c)(1)] Involuntary damage or destruction. Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, earthquake,war, riot, or act of God,it may be reconstructed and used as before if within 12 months after such calamity the property owner applies for a building permit to replace the structure. If no permit is applied for within the time period then the whole structure shall be demolished, and any construction thereafter shall be in full compliance and accordance with the provisions of the Zoning Code. [Section 78-71(c)(2)] Remodeling and reconstruction. This subsection is intended to apply to the voluntary and intentional removal of all or portions of a lawful nonconforming structure. Whenever a lawful nonconforming structure shall be destroyed by means other than fire, flood, explosion, earthquake,war, riot, or act of