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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 OHWL (929.4’) of lakes classified as General <br />Development. (Request: To allow a setback of 68.3 ’ from the OHWL of Lake Minnetonka <br />where 75 ’ is required). <br />2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(l) & (2): Hardcover within 75 ’: <br />Within 75 ’ of the shoreline there shall be no excavating, filling, hardcover. tcmporar>' or <br />permanent structures. (Request: To allow 593 s.f. (6.8%) hardcover within the 0 to 75 ’ <br />lakeshore setback zone where none is permitted). <br />3. Section 10.22, Subd. 2 and Section 1 0.56, Subd. 16(1) (2): Hardcover within 75 ’ to 250 ’: <br />Between 75 ’ and 250 ’ of the OHWL there shall be no greater than 25% hardcover (Request: <br />To allow 6,449 s.f. (52.3%) hardcover within the 75 ’ to 250 lakeshore setback zone where <br />3,085 s.f. (25%) is permitted). <br />4. 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 an encroachment of 22’ into the average lakeshore setback). <br />5. Section 10.03, Subd. 14 (C): Lot Coverage By Structure: For all lots ofO-1.99 acres in total <br />area, the total eombined footprint areas of all principal and accessory structures shall not <br />exceed 15% of the lot area. EXCEPTION: Regardless of lot area, every developed lot .shall <br />be allowed at least 1,500 s.f. of lot coverage by a principal residence and garage structures. <br />(Request: To permit 3,225 s.f. (15.3%) of lot coverage by structure where 3,1 57 s.f. (1 5%) is <br />permitted) <br />HUtory: <br />In the summer of 1988, the property owners constructed a pool, spa and pool equipment building <br />in the 0-75 ’ setback zone without City approval. In April 1989, the property owners applied for ' <br />after-the-fact variances for hardcover on the 0-75 ’ setback zone; average lakeshore setback; <br />structural setback from the OHWL of Lake Minnetonka; and a side setback variance for the pool <br />equipment building (Zoning File #1353. Resolution #2620). <br />The requested variances were denied because a hardship could not be determined for additional <br />hardcover within the setback zone. The owners were required to remove the poo! and spa and <br />fully restore the property. The pool equipment building was pemiitted to remain for the time <br />being, pending an application for a lot line rearrangement. <br />In June 1989, pmperty owners were granted a lot line rearrangement (adding up to 20 ’ in lot <br />width from the property to the southeast) and an after-the-fact structure to structure variance <br />(Zoning I-ilc #1401, Resolution #2640-A) to keep the pool equipment building where it was <br />constructed on the southeast side ol the house. The sur\c)' with this application shows a portion <br />of the driveway to be remo\ ed. However, the resolution does not reference any required <br />hardcover removals and the driveway has not changed to date. <br />H03-2SS4 John and Chervl Fiebelkorn <br />4/23/2003 <br />Page 2 of 5