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Pertinent Code Sections: <br />1. Section 10.22, Subd. 2 and Section 10.56, Subd. 16(C)(1): Structure within 75’: Structures <br />shall be set back a minimum of 75’ from the OHWLof Lake Minnetonka (929.4 ’). (Request: <br />To allow expansion of the principal structure located 25.1 ’ from the OHWL of Lake <br />Minnetonka where 75’ is required). <br />2. Section 10.25, Subd. 6 (B): Yard Requirements: The following minimum requirements <br />shall be observed: side yard 10 feet. (Request: To allow a side yard setback of 6.6’ where 10 ’ <br />is required). <br />3.Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (C)(6): Average Lakeshore <br />Setback: The average lakeshore setback line shall be a straight line connecting the most <br />lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. <br />(Request: To allow a 48.7 ’ encroachment into the average lakeshore setback). <br />Discussion: <br />1. Structure setback from the OtlWL <br />The existing structure is located 17.2 ’ (at the second story deck) from the OHWL of Lake <br />Minnetonka w here 75’ is required. However, the proposed roof expansion and <br />reconstruction is located 25.1 ’ (at the house footprint) from the OHWL. The structure is <br />not proposed to be closer to the OHWL than it exists. <br />However, the proposed overhangs do encroach into an already substandard setback. This <br />encroachment changes the proposed roof expansion from 25.1' to 23.6’ from the OHWL. <br />2. Structure setback from the side yard <br />The existing structure is located 6.6’ from the side lot line to the east where 10 ’ is <br />required. The structure is not proposed to be located closer to the side lot line than it <br />exists. <br />The applicant proposes I ’ overhangs along this side of the new roof. With the 1 ’ <br />o\ erhang encroachment, the proposed roof expansion will be located 5.6’ from the side <br />lot line (a difference of approximately 2"). 1 he proposed overhangs are not considered to <br />be part of structure or hardcover. <br />3. Average lakeshore setback <br />There is one home located to the southeast of the property (1384 Baldur Park Road) and <br />vacant lots to the west. Since there is only one adjacent neighboring lakeshore home, the <br />average lakeshore setback is calculated according to the setback of the adjacent residence <br />from the OHWL. 'I he house to the east is located 65.9’ from the OHWL. <br />The applicants’ structure (including second story deck) encroaches 48.7 ’ into the average <br />lakeshore setback. <br />Views front the neighboring property to the east are not obstructed by the proposed <br />tt03-28~S Sandra Ann Benson <br />3'18/2003 <br />Page 2 of 3