Laserfiche WebLink
9. At their regular meeting of April 10, x989, the City Council <br />reviewed additional exhibits presented by the applicants, including a <br />letter from the applicants acknowledging that they would remove the <br />pool, but seeking approval to retain the spa and seeking approval to <br />retain the pool equipment and maintenance structure subject to a lot <br />line rearrangement to make that structure conforming to the required <br />setbacks. The City Council reviewed the revised request and again <br />determined that sufficient hardship had not been shown to justify the <br />granting of additional hardcover in the 0-75* lakeshore setback zone. <br />The Council further indicated that the pool and equipment maintenance <br />structure would have to be removed unless a lot line rearrangement <br />subdivision application was submitted. The Council voted 4-0 to <br />direct staff to di:ait a resolution of denial for the pool and spa <br />variances, and to incorporate in such resolution a deadline for <br />submittal of a subdivision application if the equipment shed is to <br />remain. <br />10. The Council additionally makes the following findings of fact <br />concerning this variance denial: <br />A) The property as it existed prior to the pool and spa <br />construction already exceeded the hardcover limitations imposed <br />by the 1975 zoning code, i.e. 10.9% hardcover In the 0-75* zone <br />where no hardcover is normally allowed ana 70.0% hardcover in the <br />75-250* zone where only 25% hardcover is normally allowed. <br />B) Removal of 52 s.f. or 0.5% hardcover in the 75-250* zone does <br />not justify the originally proposed increase of 1,393 s.f. in the <br />0-75* zone, nor the 0-75* increase of 126 s.f. per the revised <br />proposal. <br />C) The normal shoreline elevation for Lake Minnetonka has been <br />designated as 929.4* above mean sea level. The Orono zoning code <br />requires that all setback distances from the shoreline are <br />measured from the 929.4* contour. The pool as constructed does <br />not meet the minimum 50* required setback for new structures as <br />required by the Minnesota Department of Natural Resources for <br />Lake Minnetonka, and does not meet the criteria for being less <br />than 250 s.f. in area as is currently proposed by the DNR in <br />their proposed Shoreland Standards. <br />Page 4 of 8