IN RE: The application
of Daniel and Marta Snow for a variance for real property located at 20355
Summerville Road, Deephaven, Minnesota (PID No. 24-117-23 32 0059)
WHEREAS, the applicants have made
application to the City to construct an unheated porch addition over an
existing non-conforming structure, encroaching five (5) feet into the minimum
required east side yard setback; and
WHEREAS, the proposed structure would
not encroach any further into the required side yard setback than the existing
structure; and
WHEREAS, notice of public hearing was
published; notice given to neighboring property owners; and a public hearing
held before the City Council to consider the application; and
WHEREAS, public comment was taken at
the public hearing before the Planning Commission on May 15, 2007; and
WHEREAS, the City Council has received
the staff report, the recommendation of the Planning Commission, and considered
the application and comments of the applicant and the public.
NOW, THEREFORE, the City Council of the City of
1. That the real property
located at
2. The property is host to a
house, as built does not meet the required side yard setbacks, encroaching
approximately ten feet into the east yard setback and ten feet into the west
side yard setback. The proposed porch
addition will be built entirely over the existing structure and will not
increase the encroachment into any required yard than what currently exists.
3. The existing impervious
surface on the property is 35.7 percent, which does not meet the maximum
impervious surface requirements of the ordinance. The proposal will not increase the overall
impervious surface.
4. The overall height of the
proposed addition is nine (9) feet. The
maximum permitted height in the R-3 Zoning District is thirty (30) feet to the
average of the highest peak.
5. The applicant advises the
following unusual conditions unique to the property preventing compliance with
the Zoning Ordinance: the size and dimension of the lot and the inability to
control water run-off on the flat roofed garage, which seeps into the garage
and basement.
6. The Planning Commission
voted unanimously to recommend the City Council approve the variance request to
alter a non-conforming structure through the addition of an unheated porch
addition which encroaches five (5) feet into the required east side yard
setback, based on the findings of staff.
A hardship exists in the size of the lot in relation to the minimum
required lot area for the zoning district and the request would not alter the
essential character of the neighborhood.
The motion is conditioned that there be no additional hardcover added to
the property above what currently exists.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of
1. That the variance request to
alter a non-conforming structure through the addition of an unheated porch
addition which encroaches five (5) feet into the required east side yard
setback at 20355 Summerville Road, according to the site plan submitted to
Council be approved. A hardship exists
in the narrowness of the lot and the condition of the existing structure, due
to water infiltration, under the proposed addition, which will be alleviated
with the proposed addition.
PASSED THIS 4th DAY OF JUNE 2007 BY THE CITY COUNCIL OF THE
CITY OF
Ayes 4, Nays 0
CITY OF
ATTEST: By ________________________
Paul
Skrede, Mayor
___________________________
Dana
Young, City Administrator