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To: Bryan Crawfo d, City Attorney From: Michael P. G ffron, Asst Planning & Zoning Administrator Date: May 18, 1990 Subject: Zoning Revie - Garry Everson Property 4755 North Shore Drive Today I received - copy of the Certificate of Survey for the above referenced property, such survey being completed by All Metro Land Surveyors. I would make the following specific comments regarding information shown on that survey: 1. The survey v- rifies that the wood deck for which the applicant was cit-d, is not in the 0-75' protected lakeshore setback zone. • 2. It is unclea from the survey whether the deck extends into the average lakeshore setback zone. No new construction is allowed to encroach toward the lake past a line drawn betw=en the lake sides of existing residence structures on ei .her adjacent property. (Reference Zoning Code Section 10.2 ' , Subdivision 1 (B), attached.) 3. The wood deck has been constructed over the lot line and onto the neighbo' ing Walter Krahl property to the west. Zoning Code Sec .ion 10.03, Subdivision 15 (C) , the non- encroachment sectCon, notes that a grade level deck cannot extend closer ' han 2 ' from any lot line, and a deck structure that i above grade level so as to not meet the criteria for a g . ade level deck, would have to meet a 10' side setback in he LR-1B zoning district in which this property is locat-d. 4. The final cri ical issue with this wood deck is that it increases the al .eady excessive hardcover on the property. Municipal Zoning Code Section 10.22, Subdivision 2, limits hardcover in the 5-250' setback zone to 25%. This property is currently at 5 . % in that zone, and the contruction of the wood deck certai ly exacerbated the pre-existing hardcover excesses. To summarize, potions of the currently existing wood deck which were newly const ucted in 1988, and which resulted in this action, do not conform to the Code because they are: A) Too close to he lot line (in fact over it) ; and B ) Contributing to and increasing the pre-existing hardcover excesse - on the property.