RESOLUTION
NO. 11 - 07
IN
RE: The application of Jerry
Sundquist and Rebecca Larson for a variance for real property located at 19980
Cottagewood Road, Deephaven, Minnesota (PID No. 24-117-23 43 0010)
WHEREAS, the applicants have made
application to the City for a variance to demolish an existing home and
construct a new home which would encroach into the required rear yard setback
in the R-2 Zoning District; and
WHEREAS, the proposed structure would
encroach eleven feet, six inches into the required twenty-five foot rear yard
setback; and
WHEREAS, the proposed impervious surface on the property is 14.9%; and
WHEREAS, the applicants propose to
construct a two-story structure which would comply with the maximum permitted
height requirements.
WHEREAS, notice of public hearing was
published; notice given to neighboring property owners; and a public hearing
held before the Planning Commission to consider the application; and
WHEREAS, public comment was taken at the
public hearing before the Planning Commission on April 17, 2007; and
WHEREAS, the City Council has received
the staff report, and considered the application and comments of the applicant
and the public.
NOW, THEREFORE, the City Council of the City of Deephaven, Minnesota does hereby make
the following:
1. That the real property
located at 19980 Cottagewood Road, Deephaven, Minnesota (PID No. 24-117-23 43
0010) is a single lot of record located within the R-2 District. This property is used for single family
residential purposes.
2. The property is host to a
nine hundred and twenty-seven square foot principle structure that encroaches
eleven feet into the required twenty-five foot rear yard setback and two feet
into the required seventy-five foot lake setback.
3. The proposed structure would
increase the encroachment into the required rear yard by six inches.
4. The proposed structure would
comply with remaining required setbacks.
5. The proposed impervious
surface would be in compliance with the city ordinance requirements.
6. The applicant advises the
following unusual conditions unique to the property preventing compliance with
the Zoning Ordinance: The existing
property conditions in regard to wetland area and required setbacks leaves no
room to construct a home in compliance with the ordinance.
7. The Planning Commission
voted 5-1 to recommend the City Council approve the variance request to
construct a new single family home which would encroach eleven feet, six inches into the
required twenty-five foot rear yard setback.
A hardship exists in that the lot cannot be reasonably developed with
the required setbacks, that the applicant could not meet the minimum house
width requirements without a variance and that the home was consistent with
other homes in the neighborhood.
NOW, THEREFORE, BE IT
RESOLVED,
by the City Council of the City of Deephaven, Minnesota:
1. That the request for a
variance request
to construct a new single family home which would encroach eleven feet, six
inches into the required twenty-five foot rear yard setback, at 19980
Cottagewood Road, subject to the site plan and elevations submitted to the
Council is hereby approved. The motion is in accordance to the recommendations
of the Planning Commission and Staff that a hardship exists in that the lot
cannot be reasonably developed without the issuance of the variance, strict
adherence to the setback requirements would not allow a home that complies with
the city’s minimum width requirement and the proposed structure is in keeping
with the character of the surrounding neighborhood.
Upon
roll call vote on a motion to approve by Kask, seconded by Crockett. Councilmembers Adams, Crockett, Kask, Skrede
and Wheaton voted aye. There were no nay
votes.
ADOPTED
THIS 7TH DAY OF MAY, 2007 BY THE CITY COUNCIL OF DEEPHAVEN, MINNESOTA.
_____________________________
Paul
Skrede, Mayor
ATTEST:
___________________________
Dana
Young, City Administrator