02-08-1999 Council Packet - Laserfiche WebLink

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. 6. 7. 8. 9. It is the intent of the Comprehensive Plan and Zoning Code to protect the water quality of Lake Minnetonka by limiting the amount of hardcover a lot contains. No hardship exists on this lot that would require additional hardcover. The granting of the requested after-the-fact variances would be contrary to the provisions of Municipal Zoning Code Section 10.08, Subdivision 3 (A) with which the applicants must first comply in order that variances be granted. The Council finds that: A.The propert}' in question can be put to a reasonable use if used under the conditions flowed by the official controls if the proposed after-the-fact variances are granted. A deck that encroaches 40' from the lakeshore was constructed with a building permit in 1984 that is located on the lakeshore side of the home. B. The plight of the landowner was created by the applicant constructing the deck without applying for a building permit, knowing he could not meet the established allowed hardcover. C.Granting of the proposed after-the-fact variances would appear to serve as a convenience to the applicants and the applicants have not demonstrated a reasonable hardship or practical difficulty acceptable to the City Council. D.The conditions and Zoning Code limits imposed and existing on this property generally apply to all other land and structures in the zoning district in which this property is located as well as in adjacent residential zoning districts. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. As a result of the denial of after-the-fact variances, the aforementioned illegal deck must be removed within fourteen (14) days of the adoption of this resolution. Page 3 of 4