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07-15-2002 Planning Packet
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07-15-2002 Planning Packet
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4. Section 10.22, Subd. 2 and Section 10.56, Subd 2 16 (L): Hardcover in 0-75 ’ Setback: To <br />permit an increase of 300 s.f. of hardcover within 75 ’ of Lake Minnetonka. <br />Existing = 731 s.f. (17.8%) <br />Proposed = 1,031 s.f. (25%) <br />Allowed = 0 s.f. (0%) <br />* Hardcover calculations do not include the paved Cr>stal Bay Road and any plastic <br />landscaping material. <br />5. Section 10.03, Subdivision 14 (C): Lot Coverage by Structure <br />" Lot Area = 6,058 s.f. <br />Allowed Lot Coverage by Structure = 1,500 s.f <br />Existing = 1,397 s.f (includes por ..i of house and shed located off the property) <br />Proposed = 1,733 s.f (includes portion of house and shed located off the property) <br />6. Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6): To permit an <br />encroachment into the average lakeshore setback. The total encroachment is approximately <br />8 . <br />Rc'itu of Hardship: <br />Tlie applicant has stated the hardship is th' ..ouse is located between the lake and a hill (see Exhibit <br />A). I he State requires an undue hardship l>e present to giant a variance. The State Statutor>' test for <br />a hardsliip is defined as: Undue Hardship: means the property in question cannot be put to a <br />reasonable use if used under conditions allowed by the official controls, the plight of the landowner <br />is due to circumstances unique to the property not created by the landowTier, and the variance, if <br />granted, will not alter the essential character of the neighborhood. <br />There arc 6 individual variances required for this application. Fcr some time the City of Oiono has <br />consistently considered properties “fully developed" when the property is at a total 15% lot coverage <br />or at 1,500 s.f when the lot is less than 10,000 s.f in area. This individual property is just more th^ <br />6,000 s.f in area, thus the zoning ordinance permits total lot coverage by structure of 1,500 s.f The <br />total existing structure of 1,397 s.f includes a portion of the garage and shed that is not located on <br />the properi,.. This lot is immediately adjacent to the Dakota Rail right-of-way. Most lots along <br />Ciystal Bay Road have maintained back yards that arc in the right-of-way. The attached survey <br />indicates the location of all structures and hardcover setting this property in relation to the property <br />lines. <br />A variance to permit lot coverage beyond 1,500 s.f on this proper - would be inconsistent with other <br />recent actions along Crxstal Bay Road. There have been two recent variances approvals that were for <br />complete rebuilds, not an addition as in the case of this application. In each case the amount of <br />structure permitted on the property did not exceed what had previously been on the property. One lot <br />was allowed total lot coverage of just over 1,000 s.f total, me second lot was allowed a total of 1,500 <br />s.f because the lot had been previously developed greater than 1,500 s.f <br />i02-2S0l Kathleen Melln <br />3309 Costal Da> Road <br />Page 2 of 3
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