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3 <br />180539 <br />186919v1 <br />A6. The proposed garage will be 19.5 feet from the creek bank and 929.4’ lakeshore contour, <br />approximately 9 feet further from the creek than the detached garage that previously <br />existed on the Property. Photos in City files document an event when the creek had <br />flooded the rear of the prior garage at an elevation around 932’. The new garage will be <br />located with its floor at 933.5’ and would not be expected to flood. <br />A7. The garage is proposed to be located 6 feet from the east side lot line. This is much better <br />than the prior garage which was within a few inches of the lot line. Moving the garage to <br />meet the 10’ side setback would result in an unusable driveway entrance to the garage <br />and require removal of portions of the existing deck. At 20 feet in width, the garage is as <br />narrow as possible while still remaining functional for storage of two vehicles. <br />A8. The Average Lakeshore Setback variance is necessary because each of the adjacent <br />properties abut the 929.4’ OHWL contour for Lake Minnetonka at the creek bank. The <br />average setback line runs approximately east-west about 5 feet north of the north wall of <br />the proposed garage, so the entire garage will be an encroachment. The property to the <br />immediate east at 3407 Eastlake Street will have its lower views of Stubbs Bay <br />encroached upon by the proposed garage. While the new garage will encroach lakeward <br />approximately 9 feet less than the garage that was on the Property until 2011, the new <br />garage as proposed will have a peak height of approximately 13.5 feet, while the old <br />garage had an estimated peak height of 9.5 feet based on photos in City files. The <br />proposed height is a reduction from the Applicants’ original proposal, a direct result of <br />the concerns expressed by the adjacent neighbor regarding views of the lake. <br />ANALYSIS: <br />B1. “Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance . . . .” The proposed variances to allow the construction of a <br />detached garage on property zoned for single family use is consistent with the general <br />intent and purpose of the Ordinance. <br />B2. “Variances shall only be permitted… when the variances are consistent with the <br />comprehensive plan.” Granting of the proposed variances to construct a detached garage <br />to serve a single family residence is consistent with the residential guiding of this <br />property in the Comprehensive Plan. <br />B3. “Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used <br />in connection with the granting of a variance, means that: <br />i.The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls.” <br />ii.The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner.” <br />iii.The variance, if granted, will not alter the essential character of the locality.”