03-13-1995 Council Packet - Laserfiche WebLink

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Request for Council Action continued Page 2 of 3 March 8. 1995 #1996 Gregg Perl. 309 Westlake Street______ __________________________________ proceeded to make improvements within an upper level of the southwest comer of the residence involving bedroom expansions in a portion of the building that did not meet the required side setback." Work was done without a permit and a Stop Work Order was issued by staff when work was discovered in progress. Applicant filed the necessary side setback variance application in addition to applying for the legal combination of homestead parcel and the undeveloped parcel to the immediate west, refer to Exhibit B. The property is located within 500-1000’ of the shoreline of Lake Minnetonka and would be allowed 35% hardcover. The property was approved at 25.4% hardcover in an earlier land use application in 1987 when the property was only .8 acres. That application involved side, rear and height variances for major additions to the existing residence. This specific portion of the strucmre did not require a height variance (refer to Exhibits G and H). The Planning Commission reviewed specific violations on the property dealing with an accessory strucmre "that was installed without a building permit and found to encroach into the northern adjacent property. There are also exterior storage violations on the residential property. Note the letter from the neighbor to the immediate north (Exhibit M) advising of his concern that the strucmre still remains as originally installed encroaching into his property. In 1987 staff sent a letter to Mr. Perl advising him of the need for a building permit for the installation of the shed. Exhibit K. Approval of the side setback variance will be conditioned on applicant obtaining a permit and relocating stmcmre to a conforming location. Planning Commission Recommendation Four of the five member Commission recommended approval of the application as proposed based on the hardships set forth in the earlier 1987 review (Exhibit I) and the fact that applicant has acquired additional land increasing property area from .8 acres to 1.6 acres. Approval was conditioned on the following: Applicant to obtain a building permit for the improvements within the existing principal strucmre and for the relocation of storage strucmre on property. Both permits shall be subject to a penalty fee. Applicant to provide an approved physical restraint on patio door at upper level as applicant does not plan to install deck or access stair at this time. Current and fumre owners to be placed on notice that any further expansion of deck or access stairs within substandard side yard will require additional variance review. 3. Approval of the expansion of bedrooms within this strucmre will require applicant to connect to sewer by June 15, 1995. 1.