RESOLUTION NO. 24-07
IN
RE: The application of Todd and
Tania Meixner for a variance for real property
located at 4195 Hillcrest Lane, Deephaven, Minnesota (PID No. 19-117-22 13
0011)
WHEREAS, the applicants have made
application to the City for a variance to demolish an existing deck and
construct a new deck and covered entryway in its place which would encroachment
into the required front yard setback in the R-2 Zoning District; and
WHEREAS, the proposed deck and front
entryway addition would encroach approximately twenty-two feet into the
required fifty foot front yard setback; and
WHEREAS, the subject property is not located within the Shoreland Management
District, therefore no impervious surface calculations are required; and
WHEREAS, the proposed addition would comply with the required side and rear
yard setbacks; and
WHEREAS, the proposed would comply with the maximum permitted height
requirements; and
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 June 19, 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
1. That the real property
located at
2. The existing home elevation
is lower than the elevation of the street, with a five foot difference in
elevation from the grade at the foundation of the home to the threshold of the
front door, requiring an elevated structure to gain access to the home.
3. The property is host to a
home that currently encroaches twenty-eight feet into the required fifty foot
front yard setback. The proposed deck
and entryway addition would lessen the encroachment into the required front
yard setback.
4. The property is in
compliance with the required side and rear setbacks.
5. The overall height of the
proposed addition is nineteen (19) feet.
The maximum permitted height in the R-2 Zoning District is thirty-five
(35) feet to the average of the highest peak.
6. As part of the overall
project, the applicant will construct an addition on the rear of the home which
is in compliance with the zoning ordinance requirements.
7. The applicant advises the
following unusual conditions unique to the property preventing compliance with
the Zoning Ordinance: The need for a
covered entryway for the structure, the location/placement of the home on the
lot and the irregular shape of the property that prevents the ability to expand
the home in compliance with the zoning ordinance.
8. The Planning Commission
voted unanimously to recommend the City Council approve variance request to encroach
twenty-two feet into the required fifty-foot front yard setback for the deck
and front entryway addition, per staff’s recommendation. A hardship exists in the placement of the home on
the lot, the need to gain access to the home and that the request would not
alter the essential character of the neighborhood.
NOW, THEREFORE, BE IT
RESOLVED,
by the City Council of the City of
1. That the request for a
variance to
construct a deck and front entryway addtion which
would encroach twenty-two
feet into the required fifty foot front yard setback, at
ADOPTED THIS 2nd DAY OF JULY, 2007 BY THE CITY COUNCIL OF
_____________________________
Paul
Skrede, Mayor
ATTEST:
___________________________
Dana
Young, City Administrator