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Application Summary: <br />A variance to permit construction of a 190 s.f. deck within 75' of the lakeshore. The following <br />variances are required: <br />1.Section 10.22, Subdivision 1 and Section 10,56, Subdivision 16 (L) (1) to permit 190 s.f. <br />hardcover within 75' of the OHWL of Lake Minnetonka. <br />2. Section 10.55, Subdivision 8 to permit structure within 75' of the lakeshore. <br />Hardship Statement: <br />Applicant has provided her hardship statement as part of Exhibit A. <br />Lot Characteristics: <br />The approved site plan (Exhibit B) indicates a narrow building pad on the lot. The narrow pad has <br />required the applicants to apply for a variance to permit a deck within 75' of the lakeshore. The <br />propertj' owners did not want to request a variance to build closer to Shadywood Road than the 30' <br />setback. Shadywood Road is an arterial street and carries much more traffic than most residential <br />strep'1 in the City. <br />To locate the house to the center of the property and within setbacks requires building where only <br />about 35-40' exist within the building pad. A house and reasonably size deck could not be located <br />here. If the house were moved further to the north it would have been possible to locate the deck and <br />house within the required setbacks because the lot is wider to the north. <br />Changes were not made to the plans because the str»jctural conditions within the old house were only <br />discovered following completion of the building plans within and within one week of beginning <br />construction. <br />Staff Recommendation: <br />Staff recommends denial of the application for variances to permit construction of the deck within <br />the 75' setback. The property is a legal conforming lot with an adequate building site. An area exists <br />behind the proposed garage that could be used for an above ground deck. A hardship requires an <br />undue hardship be inherent in the land. It appears the hardship may be self-imposed due to the <br />location of the new house on the property. <br />Options for Action: <br />1. <br />2. <br />3. <br />4. <br />Recommend approval. <br />Recommend denial, stating reasons. <br />Table. <br />Other action. <br />*2622 Gma Kosek <br />1875 Shady\^ood Road <br />Variances <br />Page 2