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4. <br />5. <br />A deck in deteriorated condition existed at the lake side of the accessory <br />boathouse building prior to applicant's construction of a new 8'xl2’ <br />replacement deck in April 200 1 . Based on a picmre provided by the 2^>plicant, <br />the old deck was apparently somewhat smaller than the new deck. <br />The new 8'x 12' deck was constructed within one foot of the side lot line and <br />at the shoreline, a portion of said deck e.v.ending lakeward of the OHWL of <br />Lake Minnetonka. The structure is also lake\\ ard of the average setback line <br />and constitutes hardcover in the 0-75* zone. <br />The new deck would likely not have been approved had the tqjplicant <br />attempted to obtain the required permit and variances prior to construction of <br />the new deck. However, the boathouse does contain an existing doorway <br />which should be provided with a minim’I walkway to grade for safety and <br />functionality reasons. <br />In addition to the boathouse and new deck, existing hardcover in the 0-75* <br />zone includes retaining v. alls, stairways and landings which are necessary to <br />maintain the steep slopes and provide access to the lake. The 0-75* zone also <br />contains a 208 s.f concrete slab which ser\ es no specific purpose and which <br />the applicant has agreed to remo\ e to reduce the excessive hardcover on the <br />property. The applicant has also agreed to removal of a sidewalk and all <br />fabric/plastic landscape bed liners in the "5-250* zone. <br />The average lakeshore setback encroachment by a replacement 4'x7* walkway <br />will have no impact on views of the lake enjoyed by the adjacent property <br />owners. <br />The City Council has considered this application including the findings and <br />recommendations of the Plarming Commission, reports by City staff, comments by <br />the applicant and the public, and the effect of the proposed variances on the health, <br />safety and welfare of the community. <br />The City Council finds that the conditions existing on this property are peculiar to it <br />and do not apply generally to other property in this zoning district; that granting the <br />variances would not adversely affect tralTic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring properr.; would not merely serve as a <br />Page 2 of6 <br />I