07-26-2004 Council Packet - Laserfiche WebLink

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FILE #04-3026 June 15. 2004 Page 4 of 5 BIufT Setback This property has a lakcward slope which rises more than 25 feet above the OHWL and rises to a height of 35 feet in a horizontal distance of 40 feet, which results in an average slope of 87%. Since this exceeds 30%, it drains to the lake, it is definitely a bluff and the deck encroaches into the “bluff impact zone” (the bluff itself plus 20’ back from the top of the bluff) and encroaches into the required 30 ’ bluff setback for structures. The house itself is located within the bluff setback zone and encroaches into the 30 ’ setback for structures on bluffs. Lake Setback Variance Approximately 60% of the existing home is located within 75’ of the OHWL of Lake Minnetonka. Due to this, any deck constructed lakeside would need a lake setback variance. Also, there is minimal usable yard on the lakeside of the home approximately 15-18 feet prior to the top of the bluff. The deck will provide a safe place for the property owners to enjoy their lake view immediately outside their home. The deck, as opposed to a patio or lawn area, will have railings providing security near the 87% slope. Hardcover Variance In 1992 the previous owners, in conjunction with variance approval, were required to remove 90 s.f of hardcover. The Council at that time felt that there was no hardship to permit a variance to increase the 0-75’ hardcover level. Since that time, the existing path to the lake has been upgraded to a 4 ’ stone paver path with stairs which provides a safer path down the steep slope. Thus, staff has determined that the hardcover calculated in 1992 did not include this existing path and makes it appear that the 2004 hardcover calculation is 2% higher than in 1992. The path hardcover accounts for the additional 2%, not an increase in the size of the deck. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis hi considering applications for variance, the Planning Conunlssion shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger offire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be In keeping with the spirit and intent of the Orono Zoning Code. Staff finds that due to the existing location of the home there may be a hardship to allow the deck to be rebuilt. Additionally, the deck provides a safe “yard” area for the applicants to enjoy the lake side of their property from the home. I