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M3-2935 <br />Nov«mt)«r 4.2003 <br />Page 2 of 3 <br />Pertinent Zoning Ordinance Sections <br />Sec. 78-1288. Hard cover limitations. <br />(a) No hard cover or impervious surface shall be placed, located or <br />constructed wiAin 75 fwt of the ordinary high water level of any lake or tributary, e.xcept <br />for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. <br />(b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than <br />25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no <br />greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there <br />shall be no greater than 35 percent hardcover. <br />(Ord. No. 101 2nd series, § 1(10.56(16KL)), 2-24-1992) <br />List of Exhibits <br />A. PC Memo as of August 14,2003 <br />B. Hardcover removal plan by Concept Landscaping <br />Background <br />This property is situated adjacent to wetland within Lake Minnetonka. Although the <br />property doesn’t have actual navigable lakeshore, the property is within 75 ’ of the <br />OHWL of Lake Minnetonka, therefore requiring the 75 ’ setback. <br />In 2000 the appliewts applied for a building permit to construct an attached 2-stall garage <br />and 2 story addition. At that time staff noted that the property exceeded the 25% <br />hvdeover for the 75 ’-250’ zone from the OHWL. The applicants worked w ith staff and <br />reduced the hardcover to that which is allowed by code, as a condition of the buildins <br />permit issuance. ® <br />In April 2003, it was noted that the driveway hardcover that was required to be removed <br />GHvl^^Cwithi^^ ^^***^** property approximately 35’ from the <br />In August 2003, the applicants were before the Planning Commission with hardcover <br />variance requests and a request for a variance for an accessory structure within 75 ’ of the <br />1: I?* were directed by the Planning Commission to remove the excess <br />808 s.f of bedcover from the 75 ’-250’ setback zone, and with relaUon to the shed in the <br />0-75 setback the applicants were provided with City Code information regarding a lock <br />DOX. <br />The applicants have provided their plan for hardcover removals within the 75 ’-250’ <br />setback zone. They are now proposing to add additional structural coverage (consisting <br />. staircase for their existing deck) and to place the 10 ’xl2’ (120 s.f.) shed <br />wUun this zone. In summ;^, the applicants are requesting a hardcover variance to add <br />75 ’-250’ zone after the removal of the 808 s.f. required by <br />the 2000 building permit approval. ^ <br />■I <br />•i