04-28-2003 Council Packet - Laserfiche WebLink

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In late 2002, the property owner was granted a vacation of the unimproved dedicated right-of-way of Lake Street at the shoreline of 4753 North Shore Drive (zoning file #02-2846). The vacated right-of- way has not been added to the property owner’s total lot area. Neighboring Properties The neighboring lots, 4745 to the east and 4755 to the west, are much larger in area and lot width, permitting larger structures to be constructed. The property at 4745 North Shore Drive is 21,377 s.f. (0.491 acres), the result of three combined lots, and 150' in width. The property at 4755 North Shore Drive is 19,173 s.f. (0.44 acres), the result of 2 Vi combined lots, and 125’ in width. In 1999, variances were granted to 4745 North Shore Drive (zoning file #2532) to permit construction of a two stall attached garage 3’ from the rear lot line where 30 ’ is required and 3,912 s.f (29.08%) hardcover within the 75* to 250 ’ setback zone where 3,363 s.f (25%) is allowed. The findings of fact stated that the proposed attached garage would be located within the property lines whereas the existing detached garage was not. Recent Bluff Encroachment Application In early 2002, variances were granted to 1405 Si.xth Avenue South (zoning file #02-2772) to permit construction of additions onto an existing home, encroaching on the bluff impact zone and within the 30 ’ setback from the top of the bluff. The following hardships were identified: approximately 40% of the ten acre property was buildable area, excluding wetlands, bluff impact zone and required setbacks; the home existed in a legal location prior to adoption of the bluff ordinance; the topography of the lot uniquely restricts the ability to make an addition onto any part of the house; and no addition could be built on the house that would not fall within the bluff impact zone. Hardship: 1 he applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1. The lot was platted in 1888 and the existing house was built in the early 1960s, prior to adoption of the current zoning ordinance and requirements for bluffs; 2. There are no permits on file for the stairs or decks located within 75* of the OHWL; 3. The average lakeshore setback and 75* setback from the OHWL are met with the application; 4. The proposed west side yard setback is substandard. It is the City’s policy to not allow substandard side setbacks for new construction; 5. The property to the east. 4745 North Shore Drive, was granted variances in 1999 to construct an addition 3’ from the rear lot line where 30 ’ is required; 6. If the proposed house met the side lot line setback requirements on either side, the house would be reduced from 1,504 s.f to 1,391 s.f; 7. The bluff impact zone and structural setback from the top of the bluff include approximately one third of the proposed structure. Comments from the DNR regarding impacts to the bluff have not been received at this time. However, avoiding any bluff impacts would severely limit the size of the house; >t03-28S7 Minnetonka Custom Homes 4/23/2003 Page 5 of 7