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r <br />PLANNING COMMISSION: <br />Planning Commission recommended by a 4 to 3 vote to; <br />Approve the requested variances with the following conditions: <br />1. Grading plans must illustrate proposed contours between the house and the street; <br />2. Plans should show the proposed driveway location and grades that do not exceed <br />10%; <br />3. Site grading between this parcel and the 1280/1290 Spruce Place lots should be <br />coordinated; <br />4. Erosion control should be installed, inspected and approved prior to any work on the <br />site; and <br />5. No additional hardcover for landings, patios, etc. will be permitted beyond what is <br />proposed on the plan. <br />The Planning Commissioners who voted to deny this application agreed with staffs <br />recommendation that there was no hardship to support hardcover in excess of 25% permitted in <br />the 75’ to 250 ’ setback zone for new construction on the lot. <br />The Planning Commission identified the following hardships for this application: <br />1. The lot is wider at the OHWL of Lake Minnetonka than at the street due to its pie-shape; <br />2. More than half of the lot area is located within 75’ of the OHWL of Lake Minnetonka where <br />no structure or hardcover is permitted; and <br />3. Due to the shape of the lot, the smaller portion of the lot contains the developable area, <br />restricting development more than if the lot was rectangular. <br />STAFF RECOMMENDATION: <br />Staff recommends approval of the requested lot area, hardcover in the 0-75 ’ setback zone, <br />grading within 75’ of the OHWL, and filling in a bluff impact zone with the conditions noted <br />above. <br />Staff can not support the requested hardcover exceeding 25% in the 75’ to 250 ’ setback zone for <br />new construction since, in staffs opinion, no suitable hardship can be identified. Therefore, staff <br />recommends denial of the variance for hardcover in the 75’ to 250 ’ setback zone. <br />COUNCIL ACTION REQUESTED: <br />Staff requests that the Council take the following action: <br />1. Approve the variances for lot area, hardcover in the 0-"; ' .etback zone, grading within 75’ of <br />the OHWL, and filling in a bluff impact zone with the conditions noted by the Planning <br />Commission; <br />2. Take action regarding the requested hardcover variance in the 75’ to 250 ’ setback zone; <br />3. Direct staff to draft a resolution reflecting the Council’s action for adoption at the May 27, <br />2003 meeting. <br />2 <br />A