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12-12-2005 Council Packet
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12-12-2005 Council Packet
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FILE #0S-3139 <br />21 November 2005 <br />Page 3 of 5 <br />RR-IB Required Existing Propiosed <br />Front 50 ’44’ covered entry No Change <br />Rear 50 ’129’ deck 107’ <br />Side (west)50 ’27’28 ’ <br />Side Street (east)50 ’42 ’41.4’ <br />Stnictunil Coverage <br />Total Lot Arra <br />25,440 s.f. (0.S8 acres) <br />Total Structural Coverage <br />Allowed: 3,816 s.f. (15%) <br />Proposed: 3,039 s.f. (12%) <br />Hardcover Calculations <br />This property is located outside of the Shoreland Overlay District and therefore not <br />subject to the hardcover regulations of Section 78-1288. <br />Side Yard and Side Street Setback Variances <br />Zoning Ordinance Section 78-418 (1) requires a SO' setback to all property boundaries, as <br />the use is conditionally permitted in the RR - IB zoning district. The applicant has <br />proposed an addition directly off the rear (north) of the existing building, which <br />encroaches 23 ’ on the westen required yard and 8’ on the eastern required side street <br />yard. <br />It is unclear, based on the submitted floor plan, elevations, and survey, whether the <br />addition encloses the stairways shown on the west of the proposed addition (one stairway <br />serves the deck above and acts as an exit for the existing upper story and the other <br />stairway serves the e'^isting basement). Because one of the stairways serves a second <br />story, a SO’ setback is still required, making the level of enclosure inconsequential as it <br />relates to the level of variance. <br />Hardship Statement <br />Applicant has completed the Hardship Documentation Form attached as Exhibit C, and <br />should be asked for additional testimony regarding the application. <br />Hardship Analysis <br />/« coHslderiHg appifeathm for vorhmee, the fUmnlmg Commbshm ikaU cotaUer the tffect of the <br />proposei voH ohco mpom tke keohk, ortfety ood wefforo tke ammmhy, existing and anlkipaied traffic <br />conditions, iigktondok, danger of fire, risk to tke pnbiic spfety, ondtke effect on values of property in <br />tke surrounding area. Tke Hanning Commission s*«// consider recommending approval for variances <br />from tke literal provisions of Hte Zoning Code In Instances wkere tkeir strict enforcement would cause <br />undue kardskfp because of circumstances unkpie to tke Individual property under consideration, and <br />skmil recomm end approval only wken k Is demonstrated tkat suck actions will be In keeping witk tke <br />sphk and Intent ^ tke Orono Zoning Code. <br />Staff finds there may be hardships that warrant variance approval. The western side yard <br />setback variance is reasonable as the Minnetonka Arts Center, which is also operating <br />under a conditional use permit, is the adjacent use not a residential home. The side street <br />yard setback variance may also be reasonable due the existence of Briar Street, again
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