Agenda - Planning Commission - 05/05/2011

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SECTION 9: ADDITIONAL INFORMATION Variance: 115 Clay Cl ffe Drive City Council Report; 11-11-08 Conclusion: The applicants are seeking approval of the following: 1. An 18-foot variance from the required 50-foot lakeshore setback from Lake Minnetonka for construction of a lanai of the northeastern side of the existing home. 2. A Shoreland Impact Plan CUP to authorize total hardcover in the amount of 41.08%. Variance Based on our analysis of the review criteria in state statute and in City Code, staff Findings: would recommend approval of the requested lakeshore setback variance based on the following: • The request is reasonable as construction of a porch off the rear of a home is a normal and customary improvement on homes in Tonka Bay. • The lot in question presents a unique circumstance in that construction must comply with an additional setback not related to the lot lines defining this lot. • The lanai will be conforming to all setbacks specific to the lot lines defining this lot, and is only nonconforming to the required OHW setback from the lakeshore on the adjacent lot. • The lanai will not impair an adequate supply of light and air to adjacent property, will not increase street congestion, and will not pose a fire or safety danger. • The lanai will not impair surrounding property values, and its construction would not generate impacts designed to be avoided by city codes and the comprehensive plan. • The age of the home, the narrowness of the point, and the fact that the proposed addition meets all setbacks specific to the lot lines define a special set of circumstances for construction on this lot. • The current owners did not build the home and are not responsible for the existing nonconformities or difficulties that arise for construction of the proposed lanai. • Granting of the variance will not confer a special privilege upon the landowner. Shoreland Based on our analysis of the review criteria in City Code, staff would recommend Plan CUP approval of the requested shoreland impact plan CUP based on the following: Findings: • The proposed reduction in hardcover is being done responsibly and in a manner than will not impact the adjacent property. • There will be little vegetation removal in the area of the proposed lanai, and no elevation changes where existing hardcover will be removed. • The lanai will blend in with the existing home and will not impede any lakeshore views. U IProposalslFiled by EmployeelBen GozolalCity of Mendota HeightslExample Rep --TB Variance and CUP_2008 doe Page 9 33 MFRA Inc.