06-09-2003 Council Packet - Laserfiche WebLink

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Docks A dock is proposed on the property. Seasonally installed docks are permitted as an accessory use on residential lakeshore properties which contain a residence. Since a seasonal dock has existed on this property in the past, the dock will not require a City permit. The placement of docks on Lake Minnetonka is governed by the Lake Minnetonka Conservation District. History: 1280 Spruce Place In 1975, the property owner was issued a building permit for construction of a basement under the existing house. Without knowledge of the City, the property owner excavated within the 0- 75’ setback zone as part of this construction, creating a walk-out area for the newly constructed basement door. The property owners were not required to restore the grade (see 1975 memo from Zoning Administrator Hank Muhich). 1290 Spruce Place In 1984, the lot became property of the State due to tax forfeiture. In 1986, the City demolished the residence (as a result of hazardous building action initiated in 1983) and the lot was released for sale to adjacent owners. The lot became property of the State again in 1992, released to the City in 1996 for sale to adjacent owners. Prior to sale, the City Council approved Resolution #2088, stating that the parcel did not meet the applicable zoning standards and was, therefore, an unbuildable lot. The lot has r''mained vacant since that time. Neighboring Properties In 2000, variances for new construction for grading within 5 ’ of a lot line and 2,647 s.f. (43.93%) of hardcover in the 75’-250 ’ setback zone were granted to the property owner at 1270 Spruce Place. The new structure met all of the setback requirements and had a structural coverage of 1.500 s.f. the maximum permitted for a lot less than 10,000 s.f The area of 1270 Spruce Place is 9,850 s.f (0.23 acres). Hardship: The 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 properties must be legally combined prior to issuance of a building permit; 2. The proposed new construction exceeds the maximum permitted hardcover within the 75*-250' setback zone and lot coverage by structures. It is possible to meet these requirements on the combined lot; 3. The variances granted for 1270 Spruce Place were due to the substandard lot size. The combined lot in question is twice the size of 1270 Spruce Place; 4. Removal of the existing house w ill require grading and filling within 75’ of the OHWL; 5. Replacement of the retaining wall is not proposed in the 0-75 ’ setback zone at this time and would require a new application in the future; ^03-2885 Gerda and Ed Toth 5/13.2003 Page 4 of 6 L' 1