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5. <br />setback, and therefore meets the build-ability criteria of Zoning Code <br />Section 78-72(b)(l). <br />b. The property is divided into two non-contiguous portions by the <br />lagoon which is part of I.ake Minnetonka, ’fhe applicants’ land access <br />to the non-contiguous piece is walking access over the adjacent City <br />right-of-way. <br />c. llie applicants’ existing driveway is located almost wholly on the <br />adjacent City right-of-way. With the redevelopment of tliis property <br />the applicants will abandon the existing driveway. <br />The City Council reviewed this application on October 25, November 8 <br />and 22, and December IS, 2004 and January 10 and 24, 2005 and makes <br />the following additional findings: <br />a.The proposed house footprint exclusive of decks at 1,499 s.f has been <br />minimized to an appropriate level for the size of the property. The <br />proposed 75’- 250’ zone hardcover level of 31.7% is the minimum <br />hardcover necessary ,o support the proposed house while providing for <br />adequate driveway and other site plan elements. <br />b. The applicants have removed vegetation in violation of City Codes on <br />their property and on tlie neighboring property. The restoration of the <br />vegetation will be dealt with separately from the variance Resolution <br />with an approved Vegetation Restoration Plan and Agreement with the <br />City. <br />c. The applicants have reached an agreement with the adjacent property <br />owner witli respect to the tree removal and screening. <br />d. Ihc grading and drainage plan shall include gutters, downspouts, <br />swales, draintile, etc as determined necessary to guarantee the runolT <br />from tlie applicants’ property docs not negatively affect the adjacent <br />properties. <br />The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff. <br />Page 2 of 6