09-24-1990 Council Packet - Laserfiche WebLink

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f 72590.. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administratorj DATE: August 9, 1990 SUBJECT; Hardcover Variance Protection Attachment:A. Standard Language for Hardcover Variances B. Mike Gaffron Memo Dated 8/9/90 ISSUE - At the Council ’s July 23, 1990 meeting CounciImember Callahan raised the issue regarding hardcover growth on selected properties. In particular he cited the Foster and 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 excess 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 in Attachment A in inclusion in all hardcover variances. These have been filed with the chain of title (although the Hennepin County Recorder's Office has been reluctant to take these with registered property.) While listed, there is nothing that alerts a title examiner to the fact that this 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. These hardcover regulations have been in effect since the 70's. Over that period these have gone, although placed in ordinance, from being "a guideline"^ to being a significant standard to be dealt with. In that period of time the issue has gone from being a kind of "sye ball" look to a very refined objective measurement. An additional change has been definition of what has been considered hardcover with plastic/punch plastic and permeable fabric being the most "gray area". While hardcover over those r-umbers 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. Co:'*''■•Shensive Hardcov^ In ventor:' - The City could exploit “ifktablishing a hardcover inventory for all properties do fall within the category. This would either necessj' each property within a 1,000 feet of the lakeshore lu ■'Ve a survey done or in manner similar