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In late 2002, the property owner was granted a vacation of the unintproved dedicated right-of-way of <br />Lake Street at the shoreline of 4753 North Shore Drive (zoning file #02-2846). The vacated right-of- <br />way has not been added to the property owner's total lot area. <br />Neighboring Proper res <br />The neighboring lots. 4745 to the cast and 4755 to the west, arc much larger in area and lot width, <br />permitting larger stnictures to K* constructed. The property at 4745 North Shore Drive is 21,377 s.f. <br />(0.491 acres), the result of three combined lots, and 150’ in width I he property at 4755 North Shore <br />Drive is 19,173 s.f. (0.44 acres), the result of 2 Vi combined lots, and 125’ in width. <br />In 1999, variances were granted to 4745 North Shore Drive (zoning file #2532) to permit construction <br />of a two stall attached garage 23' from the rear lot line w here 30’ is required and 3,912 s.f. (29.08%) <br />hardcover within the 75’ to 250 ’ setback zone where 3,363 s.f. (25%) is allowed. I hc findings of fact <br />stated that the proposed attached garage would be located within the propert) lines whereas the c.visting <br />detached garage was not. <br />Recent Bluff Encrvachment Application <br />In early 2002, variances were granted to 1405 Sixth Avenue South (zoning file #02-2772) to permit <br />construction of additions onto an existing home, encroaching on the blulT impact zone and w ithin the <br />30' setback from the top of the bluff. 1 he following hardships were identified: approximately 40'*.o of <br />the ten acre property was buildable area, excluding wetlands, bluff impact zone and required setbacks; <br />the home existed in a legal location prior to adoption of the bluff ordinance; the topography of the lot <br />uniquely restricts the ability to make nn addition onto any part of the house; and no addition could be <br />built on the hou.se that would not fall w ithin the bluff impact zone. <br />Hardship: <br />The applicants have included their statement of hardship In F.xhibit H. 1 he applicants should also be <br />asked for their totimony regarding this i'sue. <br />Issues for Consideration: <br />I Ihe lot was platted in 1888 and the existing house was built in the «.arly 1960s. prior to <br />adoption of the current zoning ordinance and requirements tor bluffs; <br />2. There arc no permits on file for the stairs or decks liKated within 75' of the OllWl.; <br />3. The average lakeshore setback and 73' setback from the (U IW'L arc met vsith the application. <br />4. The proposed west side yard setback is substandard. It is the City's policy to not allow <br />substandard side setbacks for new construction. <br />5. The properly to the cast. 4745 North Shore Drive, was granted variances in 1999 to construct an <br />addition X from the rear lot line where 30’ is required; <br />6. If the proposed house met the side lot line setback requirements on either side, the house would <br />be reduced fn>m 1.504 s.f to 1.391 s f; <br />7. The bluff impact zone and structural setback from the top of the bluff include approximately <br />one third of the proposed structure Comments from the DNR regarding impacts to the bluft <br />have not been received at this time However, avoiding any bluff impacts would severely limit <br />the size of the house. <br />*07-255“ Minnetonka Custom Homes <br />a 1-2003 <br />Page 5 of'