10-13-1997 Council Packet - Laserfiche WebLink

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Request for Council Action continued Page 2 of 3 October 10, 1997 Zoning File #2298 ______ from 980 West Femdale by a portion of Lake Minnetonka. Conley Brooks has provided additional information in a letter to staff dated October 7th and a letter to Robert Floyd dated September 23rd, elucidating the unique characteristics of this request. In the staff memo of September 12th, it is noted that the proposal has a slight impact on increasing the hardcover percentage for the 905 West Femdale property, which is mostly in the 0-75' lakeshore setback. That memo also notes that while no structures can be placed on the peninsula because it is totally in the 0-75' zone, a significant number of small shrubs and some small trees are growing on the peninsula, but nothing of any large size. Conley Brooks has confirmed in his letter to Robert Floyd that he has an intent to maintain views over the peninsula from 980 (and 960) West Femdale, which will ultimately require vegetation management or removal on the peninsula, the extent of which is undefined. If removal of all existing trees on the peninsula occurs, that may fall within the definition of intensive vegetation clearing which the code prohibits within the 0-75' zone. Planning Commission Recommendation At their September 15th meeting. Planning Commission voted 4 in favor, 3 against a motion to approve the proposed division/combination lot line rearrangement. Please carefully review the draft Planning Commission minutes attached. The approval recommendation was subject to legal combination of Lot 13 with Parcels A, E, F and H, with the alternative that a 'special lot combination' resolution be filed in the title of the affected properties if the County won't legally combine parcels separated by the lake. Staff Recommendation This request is presented by applicant as primarily a means to control the views of the lake over the peninsula which he currently enjoys from the residence at 980 West Femdale Road. An apparent secondary motivation is to acquire additional, more useable lakeshore for "swimming and other water recreation". The proposal would result in the 980 West Femdale property acquiring an additional 500' of Lake Minnetonka shoreline and reducing the 905 West Femdale shoreline to approximately 1,500'. A potential ramification of this is that under LMCD rules, Conley Brooks might be credited with enough additional shoreline to have a few additional privately owned boats stored at the property. Despite the applicant's submittals espousing the logic of the proposal, staff still views the detachment of the peninsula from 905 West Femdale as extremely inconsistent with the basic concepts of property contiguity and logical planning. The only access to the peninsula proposed by Brooks is via water. He has not indicated that there will be a walking easement across 905