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Pcrtiaent Code ScctioBs: <br />1. Section 10.22, Subd. 2and Section 10.S6,Subd. 16(CX1): Stniclurcwithio 75*: Structures <br />shall be set back a minimuni of 75’ from the (929.4’) of lakes classified as General <br />Development (Request To allow a setback of 68.3’ from the OHWL of Lake Minnetonka <br />where 75’ is requir^). <br />2. Section 10.22, Subd. 2 and Section 10.56. Subd. 16 (LXl) & (2): Hardcover within 75*: <br />Within 75’ of the shoreline there shall be no e.xcavating, filling, hardcov er, iemporar>’ or <br />permanent structures. (Request: To allow 593 s.f (6.8%) 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 (LKI) & (2): Hardcover within 75*: <br />Within 75’ of the shoreline there shall be no excavating, filling, hardcover, temporar>' or <br />permanent structures. (Request: To allow 593 s.f. (6.8%) hardcover within the 0 to 75’ <br />lakeshore setback zone where none is permitted). <br />4. Section 10.22, Subd. 1 (D) and Section 10.56, Subd. 16 (CK6): Average Lakeshore <br />Setback: The average lakeshore setback line shall be a straight line connecting the most <br />lakeward protrtisions of the residence buildings on the immediately adjacent lakeshore lots. <br />(Request: To allow an encroachment of 22' into the average lakeshore setback). <br />5. Section 10.03, Subd. 14 (C): Lot Coverage By Structure: For all lots of 0-1.99 acres in total <br />area, the total combined footprint areas of all principal and accessory structures shall not <br />exceed 15% of the lot area. EXCEPTION: Regardless of lot area, every developed lot shall <br />be allowed at least 1,500 s.f. of lot coverage by a principal residence and garage structures. <br />(Request: To permit 3.225 s.f. (15.3%) of lot coverage by structure w here 3.157 s.f (15®/i) is <br />permitted) <br />History: <br />In the summer of 1988, the property owners constructed a pool, spa and pool equipment building <br />in the 0-75’ setback zone without City approval. In April 1989, the property owners applied for <br />after-the-fact variances for hardcover on the 0-75’ setback zone; average lakeshore setback; <br />structural setback from the OHWL of Lake Minnetonka; and a side setback variance for the pool <br />equipment building (Zoning File /^I353, Resolution 1^2620). <br />The requested variances were denied because a hardship could not be determined for additional <br />hardcover within the setback zone. The owners were required to remove the pool and spa and <br />fully restore the property. The pool equipment building was permitted to remain for the time <br />being, pending an application for a lot line rearrangement. <br />In June 1989, property owners were granted a lot line rearrangement (adding up to 20* in lot <br />width from the property to the southeast) and an after-the-fact structure to structure variance <br />(Zoning File #1401. Resolution #2640-A) to keep the pool equipment building where it was <br />constructed on the southeast side of the house. The surv ey w ith this application show s a portion <br />of the driveway to be removed. However, the resolution does not reference any required <br />hardcover remov als and the driveway has not changed to date. <br />John and Chen ! Fiebelkom <br />4'n. 2003 <br />Pate 2 €f 5