RESOLUTION
NO. 29-07
IN
RE: The application of Mary
Jane McGregor for a variance for real property located at 19940 Lakeview
Avenue, Deephaven, Minnesota (PID No. 24-117-23 24 0011)
WHEREAS, the applicant has made
application to the City for a variance to demolish an existing deck and
construct a new deck in its place which would encroach into the required lake
yard setback, encroach into the required west side yard setback and exceed the
maximum permitted impervious surface area in the R-3 Zoning District; and
WHEREAS, the proposed deck would encroach
approximately six feet into the required one hundred foot lake yard setback,
encroach eight feet into the required fifteen foot west side yard setback and
exceed the maximum permitted impervious surface area by 4.3%; and
WHEREAS, the proposed addition would comply with the required front yard and
east side 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 August 21, 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 19940 Lakeview Avenue, Deephaven, Minnesota (PID No. 24-117-23 24
0011) is a single lot of record located within the R-3 District. This property is used for single family
residential purposes.
2. The property is host to a home
that currently encroaches into all the required setbacks; encroaching twelve
feet, six inches into the required thirty-five foot front yard setback,
encroaching eight feet, nine inches into the required fifteen foot east side
yard setback, encroaching eleven feet into the required fifteen foot west side
yard setback and encroaching six feet into the required one hundred foot lake
yard setback.
3. The proposed deck would not
encroach further into the required lake yard than the existing structure and
lessen the encroachment into the required west side yard setback by three feet.
4. The property currently
exceeds the maximum permitted impervious surface area of twenty-five (25)
percent by 23.7%. The applicant proposes
the removal of landscaping plastic to reduce excess impervious surface reducing
the total impervious surface area on the lot to 29.3%.
5. Even without the removal of
the landscaping plastic, the amount of impervious surface on the property would
not be increased since the square foot area of the deck to be removed and the
deck to be constructed are the same.
6. The overall height of the
proposed deck is approximately ten (10) feet.
The maximum permitted height in the R-3 Zoning District is thirty (30)
feet.
7. The applicant advises the
following unusual conditions unique to the property preventing compliance with
the Zoning Ordinance: The placement of
the home on the lot, the small size of the lot and the need to create a better
flow from the house onto the deck and into the lake yard.
8. The Planning Commission
voted unanimously to recommend the City Council approve the variance request to
encroach five feet into the required one hundred foot lake yard setback, the
variance request to encroach eight feet into the required fifteen foot west
side yard setback and to variance request to exceed the maximum permitted
impervious surface area by 4.3% for the proposed deck, per staff’s
recommendation. A hardship exists in the
size of the existing lot, the placement of the home on the lot, that the
circumstances causing the need for the variance were not created by the
property owner 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 Deephaven, Minnesota:
1. That the request for a
variance to
construct a deck which would encroach five feet into the required one hundred foot lake yard
setback, encroach eight feet into the required fifteen foot west side yard
setback and exceed the maximum permitted impervious surface area, at 19940
Lakeview Avenue, subject to the site plan and elevations submitted to the
Council is hereby approved per Staff’s recommendation. A hardship exists in the condition of the
existing deck, the fact that the house is located on a minimally sized lot with
existing structures that presently encroach into the required setbacks and the
request would not alter the essential character of the neighborhood.
ADOPTED
THIS 6th DAY OF SEPTEMBER, 2007 BY THE CITY COUNCIL OF DEEPHAVEN,
MINNESOTA.
_____________________________
Paul
Skrede, Mayor
ATTEST:
___________________________
Dana
Young, City Administrator