IN RE: The application
of David and Ruth Duffy for a variance for real property located at 18605
Northome Boulevard, Deephaven, Minnesota (PID No. 18-117-22 31 0104)
WHEREAS, the applicants have made
application to the City to construct a new covered front entryway and to alter
the roofline on the front of the home, encroaching fifteen feet, four inches
(15’-4”) into the minimum required front yard setback; and
WHEREAS, the proposed structure would
not encroach any further into the required front 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 July 17, 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 front yard setback, encroaching
approximately fifteen feet, four inches (15’-4”) into the front yard
setback. The proposed front entryway
addition and roof alteration would be built in a manner that it will not
increase the encroachment into the required yard than what currently exists.
3. The overall height of the
proposed addition is twelve feet, six inches (12’-6”). The maximum permitted height in the R-3
Zoning District is thirty (30) feet to the average of the highest peak.
4. The applicant advises the
following unusual conditions unique to the property preventing compliance with
the Zoning Ordinance: the need to replace the existing entrance ramp and the
lack of a covered front entryway.
5. The Planning Commission
voted unanimously to recommend the City Council approve the variance request to
alter a non-conforming structure through the construction of covered front
entryway and the alteration of the roof which encroaches fifteen feet, four
inches (15’-4”) feet into the required thirty-five (35) foot front yard
setback, based on the findings of staff.
A hardship exists in the condition of the current entrance ramp, the
placement of the structure on the lot and that the circumstances causing the
need for the variance were not caused by the homeowners.
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 construction of covered front
entryway and the alteration of the roof which encroaches fifteen feet, four
inches (15’-4”) feet into the required thirty-five (35) foot front yard
setback, based on the findings of staff.
A hardship exists in the condition of the current entrance ramp, the
placement of the structure on the lot and that the request would not alter the
essential character of the neighborhood.
PASSED THIS 6th DAY OF AUGUST 2007 BY THE CITY COUNCIL OF
THE CITY OF
Ayes 4, Nays 0
CITY OF
ATTEST: By ________________________
Paul
A. Skrede, Mayor
_____________________________
Dana
H. Young, City Administrator