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A) Hardcover is being totally removed from the northerly 0-75* <br />zone and is not increasing in the southerly 0-75* zone. This is <br />a substantial benefit to the property and to the neighborhood in <br />regard to quality of runoff entering Lake Minnetonka. <br />B) The hardcover increase in the 75-250* zone from 26.5% to <br />31.9% is justified by removals in the 0-75* zone, which yield a <br />reduction from 8.8% to 0% hardcover in the northerly 0-75* zone. <br />All of the proposed hardcover is necessary to preserve the <br />substantial property rights of the owners in developing this <br />property. <br />C) The average lakeshore setback encroachment of 2* is <br />appropriate given that the actual views of f lake enjoyed by <br />neighboring property owners will substanti ' ; increase as a <br />result of removal of the existing house. Furthermore, <br />encroachment of the proposed house past the average setback line <br />is necessary to preserve an existing mature oak tree on the <br />property without redesigning the proposed residence. <br />D) The variances requested are consistent with variances granted <br />for upgrade of other residences in the Baldur Park neighborhood <br />in recent years. <br />E' The unique elevated nature of the property in relation to the <br />surrounding properties, suggests that the residence must be <br />located near the highest elevation and further from the road in <br />order to benefit from the northerly view of the lake, and <br />therefore rjquires a longer driveway with its associated <br />hardcover. <br />P) Granting of the conditional use permit and variance for <br />grading in the C-75* zone is necessary to allow applicant to fill <br />in the excavation that will remain after the existing house is <br />removed, with a blending in of the grade to existing contours. <br />The applicants have revised the house plans so that their walkout <br />concept can be developed without the need to change grades from <br />those naturally occurlng in the northerly 0-75* zone. In the <br />southerly 0-75* zone, minor grade changes to reconstruct the <br />driveway are necessary to provide a safe and low-hardcover access <br />to the property. <br />Page 2 of 6