RESOLUTION
NO. 08 - 07
IN
RE: The application of Paul and
Elizabeth Norton for a variance for real property located at 4145 Heathcote
Road, Deephaven, Minnesota (PID No. 19-117-22 24 0030)
WHEREAS, the applicants have made
application to the City for a variance to construct a second story addition
over and existing non-conforming structure, to demolish and rebuild/expand and
existing non-conforming attached garage and to construct a new front entry
porch which would create encroachments into the required front and south side
yard setback in the R-2 Zoning District; and
WHEREAS, the proposed second story
addition would encroach approximately one foot into the required fifty foot
front yard setback; and
WHEREAS, the proposed rebuilt garage,
with front and rear additions would encroach twelve feet into the required
fifty foot front yard setback and eleven feet into the required twenty-five
foot south side 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 additions 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 January 16, 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 4145 Heathcote Road, Deephaven, Minnesota (PID No. 19-117-22 24
0030) 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
home that currently encroaches eight feet, five inches into the required fifty
foot front yard setback and nine feet, six inches into the required twenty-five
foot side yard setback.
3. The property is in
compliance with the required side, rear and wetland setbacks.
4. The proposed project, as a
whole, would increase the amount of encroachment into the required front yard
setback by three feet, five inches and one foot, six inches into the required
south side yard setback.
5. The applicant advises the
following unusual conditions unique to the property preventing compliance with
the Zoning Ordinance: The condition of
the existing garage which is in need of repair, the need for a covered entryway,
the location/placement of the home on the lot and the topography on the north
side of the property which prevents the ability to expand the home in
compliance with the zoning ordinance.
6. The Planning Commission
voted 5-0 to recommend the City Council approve variance request to encroach
twelve feet into the required fifty-foot front yard setback and to encroach
eleven feet into the required twenty-five foot side yard setback for the
proposed garage reconstruction/addition and front porch addition, per staff’s
recommendation. A hardship exists in the
placement of the home on the lot, the angle of the home in relation to the
south property line and the inability to construct the proposed additions
within the ordinance requirements due to the topography of the north side of
the lot.
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 second story addition on a non-conforming home, to reconstruct and
expand an existing nonconforming garage and to construct a new front porch
which would encroach
twelve feet into the required fifty foot front yard setback and eleven feet
into the required require twenty-five foot south side yard setback, at 4145
Heathcote Road, subject to the site plan and elevations submitted to the
Council is hereby approved per Staff’s recommendation. A hardship exists in the placement of the
home on the property, the inability to construct the proposed additions due to
the topographic nature of the property and the proposed expansion is in keeping
with the essential character of the neighborhood.
Upon
roll call vote on a motion to approve by Crockett, seconded by Kask. Councilmembers, Crockett, Kask, Skrede and
Wheaton voted aye. There were no nay votes.
ADOPTED
THIS 5th DAY OF FEBRUARY, 2007 BY THE CITY COUNCIL OF DEEPHAVEN,
MINNESOTA.
_____________________________
Paul
Skrede, Mayor
ATTEST:
___________________________
Dana
Young, City Administrator