08-13-1990 Council Packet - Laserfiche WebLink

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72590.3 TO: Mayor and City Council FROM: Mark E. Bernhardson, City Admin is tratorij DATE: August 9, 1990 SUBJECT: Hardcover Variance Protection 'i- ihi’j r: 13; Attachment: A. Standard Language for Hardcover Variances B. Mike Gaffron Memo Dated 8/9/90 ISSUE - At th<5 Council's July 23, 1990 meeting Counc i Imember Callahan raised the issue regarding hardcover growth on selected properties. In particular he cited the Foster “nd Nelson applications in which new property owners found that when they wanted to do improvements to the property were substantially in excess of hardcover variances granted to a previous owner. While they may have been not granted any variances absence removals within the existing variance numbers, the e)cess hardcover, these unauthorized increases made it that much more difficult for them to deal with getting a variance. As noted above since 1985 the City has used the standardized language 'n Attachment A in inclusion in all hat.Icover variances. These have teen filed with the chain of title (al*-bough the Hennepin County Recorder's Office has been reluctant to take these with registered property.) While listed, the a is nothing that alerts a title exam.ner to the fact that chis may be a problem for the purchaser. DISCUSSION - The City currently deals with hardcover on a property when the owner is looking to make some permanent structural improvements. '^hese hardcover regulations have been in effect since the 70's. Over that period these have gone, although placed in cid'nance, from being "a guideline" to being a significant stand&rr. to bo dealt with. In that period of time the issue has gone iron, being a kind of "eye ball" look to a very refined objective mo -surement. An additional change has been definition of what has been considered hardcover with plastic/punch plastic and permeable £ brie being the most "gray area". While hardcover over those numbers on any property does represent a violation of the zoning code the City has never taken the position of dealing with it on more than additions, remodelings or developments. The following represent alternatives to consider for dealing with hardcover. A. Comprehensive Hardcover Inventory - The City could explore establishing a hardcover inventory for all properties that do fall within the category. This would either necessitate each property within a 1,000 feet o^ the lakeshore to have a survey done or in manner similar