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3.The Planning Commission reviewed this application at a public hearing <br />held on April 18, 2005 and recommended approval of the side setback, <br />lake setback and hardcover variances based on the following findings: <br />a. The property has 0.16 acre or 7,025 s.f. in area and 50’ in width at the <br />lake and 50’ at the 75’ setback from Lake Minnetonka. <br />b. Over half of the applicant’s property and half of the applicant’s home <br />are located within 75’ of the OHWL. <br />c. There is no additional land available for acquisition by the applicant to <br />make the property conforming. <br />d. The roof-top deck will not have a negative impact on light, air or open <br />space within the neighboihood. <br />e. The roof-top deck is not out of character for the immediate <br />neighboriiood. <br />f. The roof-top deck does not encroach further into the nonconforming <br />lake or side setbacks than that of the existing house. <br />The City Council reviewed this application on May 9, 2005 and July 25, <br />2005 and approved the side setback, lake setback and hardcover variances <br />based on the following findings: <br />a. The deck as it exists is not inappropriate as long as its structural <br />integrity and conformance to building code is confirmed. <br />b. The deck is appropriate only if other deck areas specifically the grade <br />level deck portion lying nearer the lake that the average setback line is <br />removed. <br />The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicant and the public, and the effect of the proposed <br />variance on the health, safety and welfare of the community. <br />Page 2 of 5 <br />I- -tit <br />,1 iJ