10-13-1986 Council Packet - Laserfiche WebLink

Home Browse Search

Zoning File #1075 September 10, 1986 Page 2 - Applicant requests after -the -fact approval of this new deck, and requests approval to construct an additional 31x16' catwalk to connect the porch balcony and the bedroom balcony. Discussion: Perhaps the initial issue to review is the status of the pond on this property. The pond was dredged out some time prior to 1960 but does not show up on plat maps as part of Lake Minnetonka. It is definitely connected to Lake Minnetonka and was issued a Cond_tional Use Permit for dredging and rip -rapping in January 1986. Staff feels that this pond definitely is subject to the 75' setback requirements for lakeshore property. Based on this, about 3/4 of this lot, including most of the house, is in the 0-75' setback zone. It appears that the porch permit in 1982 should not have been issued based on the 75' standard, however, it was issued. The matter at hand is whether to allow the new 144 s.f. deck to remain and whether to permit construction of the requested balcony. The patio nets out to about 72 s.f. of new hardcover that was not already in place, or an increase of about 2/10 of 1 percent. The balcony is proposed to be 3'xl6' or 48 s.f., and is mostly under the existing overhang, and with the rock beds along the perimeter of the house, the balcony will have a very small impact in increasing the hardcover. Is the professed "need" for a fire excape route a sufficient justification to grant the variance for the balcony? Is there a demonstrated hardship that justifies granting after -the -fact approval for the deck? ; s A r. •�_< . .M Fon p�n.,, Staff Recommendation: If either or both of the projects are approved, you should make findings of hardship that justify the variances. If the deck is approved in full or in part, Planning Commission could recommend that the contractor be double -feed as a penalty on the required permit for whatever work is allowed. Note that there are extensive rock beds along the perimeter of the house. These are underlain by plastic, and staff would recommend that if any portion of the variances are granted, that an equal or greater area of plastic in the 0-75' zone be removed. Vim{