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