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r <br />FILE MS-3091 <br />31 March 2005 <br />Page 1 o(4 <br />Date AppHcattoR Received: 02*! 7-05 <br />Dale AppHcalioa CoaiMered as Complete: 03-03-05 <br />60-Day Review Period Eipires: 05-03-05 <br />60-Day Review Period Eitended to: 07-03-05 <br />To:Chair Rahn and Planning Commission Members <br />Ron Moorse, City Administrator <br />From: <br />Date: <br />Subject: <br />Melanie Curtis, City Planner <br />March 31.2005 <br />05-3091, Catherine Sallas, 3635 North Shore Drive, <br />After-the-Fact Variances <br />Public Hearing <br />2^nlng District: <br />Lot Area: <br />Lot Width: <br />LR-IC, One Famiiy Lakeshore Residential, 0.5 acre/100 ’ <br />0.16 acre (7,025 s.f.) <br />50’ <br />AppUcation Summary: The applicant is requesting after-the-fact lake and side setback <br />variances to allow an existing roof top deck to remain 50’ from the lake and 9’ from the <br />southwest lot line on the roof of the existing home. ____________ <br />Staff Recommendation: Planning Department Staff recommends approval of the after- <br />the-fact variances for the rooftop deck. A building permit must be obtained for the deck. <br />Hardship: Half of the existing one level house is within 75' of Lake Minnetonka.______ <br />Pertinent Zoning Ordinance Sections <br />Sec. 78-350. Area, height, lot width and yard requirements <br />(a) Height. No structure or building in an LR-IC district shall exceed 2 1/2 <br />stories or 30 feet in height except as provided in section 78-1366. <br />Lot Area <br />(acre) <br />Ut Width (feci)From Yard (feel)Side Yard <br />(feet) <br />Rcor Yard <br />(feel) <br />Side Yard Adjacent to <br />Sircel (feet) <br />0.5 100 30 10 30 15 <br />Sec. 78-1288. Hard cover limitations. <br />(a) No hard cover or impervious surface shall be placed, located or <br />constructed within 75 feet of the ordinary high water level of any lake or tributary, except <br />for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. <br />(b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than <br />25 percent hard cover. Between 250 feet and 500 feet of the OHWL tliere shall be no <br />greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there <br />shall be no greater than 35 percent hardcover. <br />See. 78-1279. Placement of structures on lots. <br />When more than one setback applies to a site, structures and facilities must be