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Pertinent Code Sections: <br />1. Section 10.24, Subd. 5 (B): Minimum Reqnirements: The following minimum <br />requirements for the LR-1B District shall be observed; lot area 1 acre. (Request: To allow a <br />lot area of 20,300 s.f. (0.47 acres) where 43,560 s.f. (1 acre) 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. Ailing, hardcover, temporary or <br />permanent structures. (Request: To allow 274 s.f. (2.47%) hardcover within the 0 to 75 ’ <br />lakeshore setback zone where none is permitted). <br />3. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Hardcover within 75* to 250’: <br />Between 75 feet and 250 feet of the OHWL there shall be no greater than 25% hardcover. <br />(Request; To permit 3,367 s.f (36.6%) hardcover within the 75 ’ to 250 ’ lakeshore setback <br />zone where 2,298 s.f (25%) is permitted). <br />4. Section 10.56, Subd. 16 (J)(2): Grading and filling of more than 10 cubic yards within <br />75 ’: Grading, filling or excavating of more than 10 cubic yards is prohibited within 75 ’ of the <br />Ordinar> High Water Level of public waters. (Request: grading and filling within 75 ’ of the <br />OHWL of Lake Minnetonka where no grading nor filling is permitted). <br />5. Section 10.56, Subd. 16 (J)(5)(h): Filling in bluff impact zones: Fill or excavated material <br />must not be placed in bluff impact zones. (Request: placing fill in a bluff impact zone where <br />no fill is permitted). <br />Discussion: <br />Lot Area <br />The existing area of the lot is 20,300 s.f (0.47 acres) where 43,560 s.f (1 acre) is required for the <br />zoning district. The existing lot width is 117’ at the 75 ’ setback from the OHWL where 140’ is <br />required for the district, meeting the 80% requirement and, therefore, not requiring a lot width <br />variance. Neither the area of the lot nor the width is proposed to change with this application. <br />However, a lot area variance is necessary because new construction is proposed on the lot. <br />Required Setbacks <br />The proposed home is located 80 ’ from the OHWL of Lake Minnetonka, meeting the required <br />75 setback. It is also located 35 ’ from the street, meeting the minimum 30’ setback requirement. <br />The proposed side setbacks also exceed the 10’ minimum requirement. The architect for the <br />applicants has stated that the overhangs on the proposed home will not encroach more than 1 V^' <br />into the side yards. <br />Average Lakeshore Setback <br />There is one home located to the south of the property and a vacant lot to the north. Since there is <br />only one adjacent neighboring lakeshore home, the average lakeshore setback is calculated <br />according to the setback of the adjacent residence from the OHWL. The house to the south is <br />located 75 from the OHWL. The applicants ’ proposed structure does not encroach into the <br />average lakeshore setback. <br />Height <br />The proposed house is 29 ’ in height from the cxisUng grade of966 ’ with a walk-out level on the <br />HOi-2886 Dr. Dennis and Diane KHIian <br />4/23/2003 <br />Page2o/7 <br />J .A