PLANNING COMMISSION MEETING AGENDA November 26, :00pm

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1 1) Call to Order a) Approval of Agenda PLANNING COMMISSION MEETING AGENDA November 26, :00pm b) Approval of Minutes October 22, ) Public Hearings a) VARIANCE: Application from Bradley & Lisa Kay Markson for a setback variance at 7061 Halstead Drive; R-1 Low Density Single-Family Residential Zoning District; PID# ) Informational Items a) Staff Reports b) Council Reports 4) Adjournment - The agenda packet with all background material is located at the back table for viewing by the public. - Published agenda subject to change without notice. - Information and materials relating to the above items are available for review at city hall by appointment. The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.

2 PLANNING COMMISSION MEETING MINUTES October 22, :00pm 1) Call to Order Vice Chair Vickery opened the meeting at 7:00 p.m. In attendance: Commissioners Chair Lora Sandholm, Peter Vickery, Gary Pettis, Damian Young, Steve Livermore, Robert Rabin and Justin Forbrook; Council Liaison: Mayor Lisa Whalen; Staff: City Planner Nick Olson and City Clerk Kris Linquist. Absent: None a) Approval of Agenda Motion by Sandholm, seconded by Pettis to approve the agenda as presented. Motion passed 7-0. Absent: None b) Approval of Minutes of September 24, 2018 Motion by Sandholm, seconded by Rabin to approve the minutes from September 24, 2018 as presented. Motion passed 7-0. Absent: None 2) Public Hearings a) VARIANCE: Application from Bryan & Kristen Ophaug for an after-thefact side yard setback variance at 5360 Eastview Avenue; R-1 Low Density Single-Family Residential Zoning District; PID# City Planner Olson presented the staff report found in the Planning Commission packet dated October 22, Highlights include: The applicants are requesting an after-the-fact side yard setback variance to reduce the required setback for 7 feet to 6 feet on the north property line due to the use of incorrectly dimensioned architectural drawings during the construction of a home remodel. The previously received approval to reduce the required setback from 15 feet to 7 feet. Notices were sent to all property owners within 500 feet. Staff did receive one comment for a neighboring property owner. It is in the packet. Possible findings of fact are as follows: 1. The requested variance is consistent with the purpose and intent of the city s zoning ordinances because the as built single family home is a proper use of the Property and was The City of Minnetrista will deliver quality services in a cost effective and innovative manner; and provide opportunities for a high quality of life while protecting natural resources, maintaining rural character, while effectively managing growth. City of Minnetrista Planning Commission October 22, 2018 Page 1 of 5

3 developed in a compatible manor to other properties in the neighborhood. 2. The requested variance is consistent with the city s comprehensive plan because the Property was developed a new single-family home which is use consistent with the current and future land use designation for the Property and the existing location does not impact neighboring views as the encroachment abuts the rear of an attached garage on the neighboring property. 3. The Applicant proposes to use the Property in a reasonable manner because the structure was constructed consistent with the previously granted variance approval. The use of the Property does not change as a result of the additional encroachment and remains a single family home, which is consistent with the zoning district of the Property. Fixing the encroachment would cause an undue burden on the Applicants and is less reasonable than allowing the home to remain as constructed. 4. The requested variance is the result of unique circumstances not created by the landowner because incorrectly dimensioned architectural drawings were used during construction. These drawings were not drawn by the Applicants and incorrect dimension was not labeled on the plan set. Since the Property is an existing nonconforming lot, previous variances were required which left no margin for error; and 5. The requested variance will not alter the character of the locality because the structure was built consistent with the plans submitted with the property line. The structure was found then to be consistent is size to many of the homes in the surrounding area. The one foot encroachment did not change the size of the building and encroachments into the side yard setbacks are common amongst neighboring homes in the area. Vice Chair Vickery opened the public hearing at 7:05 p.m. Jacob Steen, Larkin Hoffman (attorney for applicant), overviewed the challenges that the applicant faced with the project. Bryan Ophaug, applicant, discussed the hardship this project has caused because of his relative, who is was the architect, error. Vice Chair Vickery closed the public hearing at 7:12 p.m. There was a brief discussion about error that occurred. Motion by Livermore, seconded by Young to recommend the City Council approve the requested after-the-fact setback variance at 5360 Eastview Avenue based on the findings of fact in the staff report and subject to the following conditions: The City of Minnetrista will deliver quality services in a cost effective and innovative manner; and provide opportunities for a high quality of life while protecting natural resources, maintaining rural character, while effectively managing growth. City of Minnetrista Planning Commission October 22, 2018 Page 2 of 5

4 1. The Applicant shall grade the Property in accordance with the approved grading plan as reviewed on March 27, 2017 by the city engineer and submit a grading as built survey for review; 2. The grading as built survey shall be reviewed by the city engineer and must receive approval prior to issuance of a certificate of occupancy; 3. The Applicants are responsible for all fees incurred by the city in review of this application; and 4. The variance approval is valid for one year from the date of approval and will become void and expire unless all conditions of approval have been satisfied. Motion passed 7-0. Absent: None b) CONDITIONAL USE PERMIT AMENDMENT: Application from SMJ International c/o T-Mobile on behalf of the property owner Steel Peak, LLC for an amendment to an existing CUP at 4700 Merrywood Lane; R-1 Low Density Single-Family Residence Zoning District; PID# City Planner Olson presented the staff report found in the Planning Commission packet dated October 22, Highlights include: The Applicants have made a request to amend the Conditional Use Permit to allow for the installation of a natural gas generator with T- Mobile s lease area. T-Mobile is proposing to add 1 Generac 25kw natural gas generator to their existing equipment array. Steel Peak was granted permission to construct the monopole in 1999 by Res. No T-Mobile entered into a lease agreement with Steel Peak in 2004 to collocate at this tower site, and a conditional use permit was obtained by Res. No Notices were sent out to all property owners within 500 feet of the subject property. To date, staff has not received any comments from neighboring property owners regarding this request. Possible findings of facts are as follows: 1. The Applicant has appropriately applied for an amendment to the conditional use permit as required by city code and previous approvals; 2. The request is consistent with the Comprehensive Plan because it allows T-Mobile to help meet the City s infrastructure needs in the event of a power outage; 3. The request is consistent with the current and future use of the Property; and 4. The request does not pose any discernable fire or safety hazards, nuisances, negative impacts on environmental features, or require additional governmental services. Vice Chair Vickery opened the public hearing at 7:24 p.m. Alyssa Hauer, SMJ International, overviewed the type of generator that would be used at the site. The City of Minnetrista will deliver quality services in a cost effective and innovative manner; and provide opportunities for a high quality of life while protecting natural resources, maintaining rural character, while effectively managing growth. City of Minnetrista Planning Commission October 22, 2018 Page 3 of 5

5 Pettis inquired on the routine maintenance. Hauer stated that it would be done once a month for an hour. Vice Chair Vickery closed the public hearing at 7:17 p.m. There was discussion on the location and how it would not interfere with the neighborhood since it was located next to Highway 7. Motion by Sandholm, seconded by Pettis to recommend the City Council approve the requested conditional use permit amendment to allow for the installation of a natural gas generator within T-Mobile s lease area on the property located at 4700 Merrywood Lane based on the findings of fact in the staff report and subject to the following conditions: 1. The new antennas and ground equipment shall be constructed in accordance with the approved building plans; 2. Changes or expansion of infrastructure on the site will require an additional amendment of the CUP. Minor changes in the number or configuration of antennae mounted on the monopole may be administratively approved by the City Planner, Zoning Administrator, or other duly authorized staff responsible for zoning administration and enforcement; 3. The Applicant must obtain all necessary permits and approvals from other applicable entities with jurisdiction over the Property prior to construction; and 4. The Applicant is responsible for all fees incurred by the City in review of this application. Motion passed 7-0. Absent: None 3) Business Items a) SITE PLAN REVIEW: Application from Paul Jorgenson of Park Place Storage Condominiums, Inc. for the construction of six (6) storage condominium buildings and associated infrastructure at 9200 Nike Road; I Planned Industrial Zoning District; PID# City Planner Olson presented the staff report found in the Planning Packet dated October 22, Highlights include: The Applicant is requesting a Site Plan Review for the construction of 6 storage condominium buildings and associated infrastructure. There is currently storage condominiums located on the property next door. The current uses are for storage purposes and the buildings are leased out at this time. The proposed project is to begin in Fall/Winter of 2018 with demolition of the current buildings and the construction of 6 buildings will begin in the Spring of 2019 with completion of the project by the Winter of The Project will look and operate the same way as the neighboring project at 9300 Nike Road. The project will operate as an association with the same bylaws as the existing site. Possible finding of facts are as follows: The City of Minnetrista will deliver quality services in a cost effective and innovative manner; and provide opportunities for a high quality of life while protecting natural resources, maintaining rural character, while effectively managing growth. City of Minnetrista Planning Commission October 22, 2018 Page 4 of 5

6 1. The proposed site plan substantially conforms with all applicable provisions of city code; 2. The proposed facilities conform with the Comprehensive Plan; and 3. The proposed improvements will not be detrimental to the health, safety, or welfare of the community. Paul Jorgenson, Applicant Park Place Storage Condominiums, overviewed the project. There was discussion about the additional units and the need for restrooms in each unit. There was discussion on drainage from the units. Further discussion was had regarding industrial and residential hardcover requirements. Motion by Vickery, seconded by Forbrook to recommend the City Council approve the requested site plan based on the findings of fact outlined in the staff report subject to the following conditions: 1. The proposed buildings must be consistent with those found at 9200 Nike Road, which is also owned by the Applicant, in terms of exterior facades, finishes, and overall design; 2. The Applicant shall comply with all the requirements as outlined in the engineer s memorandum dated October 16, 2018 and supplemental storm water memorandum dated October 9, Revised plans must be reviewed and approved by the city engineer prior to any construction; 3. The Applicant shall obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction; 4. The Applicant is responsible for all fees incurred by the City in review of this application; 5. The Applicant shall apply for a building permit for the first building within one year of the date of approval and all building permits for all proposed buildings shall be applied for before December 31, 2021 or the site plan approval will become void and expire; 6. The hardcover for the Property shall comply with the requirements of City Code; and 7. The Property shall be served by the appropriate utilities. Motion passed 7-0. Absent: None 4) Informational Items a) Staff Reports City Planner Nick Olson Update of BBQ Three Rivers Park update 108 year to date new home permits b) Council Reports Mayor Whalen Council Meeting November 13, 2018 Elections WSB Engineer update Water Tower Discussion The City of Minnetrista will deliver quality services in a cost effective and innovative manner; and provide opportunities for a high quality of life while protecting natural resources, maintaining rural character, while effectively managing growth. City of Minnetrista Planning Commission October 22, 2018 Page 5 of 5

7 Passed Preliminary Budget Halstead Drive Update Red Oak Development Update 5) Adjournment Motion by Sandholm, seconded by Young to adjourn the meeting at 8:22 p.m. Motion passed 7-0. Absent: None Respectfully Submitted, Kris Linquist Kris Linquist, MMMC, CMC City Clerk The City of Minnetrista will deliver quality services in a cost effective and innovative manner; and provide opportunities for a high quality of life while protecting natural resources, maintaining rural character, while effectively managing growth. City of Minnetrista Planning Commission October 22, 2018 Page 6 of 5

8 CITY OF MINNETRISTA PUBLIC HEARING Subject: Prepared By: VARIANCE: Application from Bradley & Lisa Kay Markson for a setback variance at 7061 Halstead Drive; R-1 Low Density Single-Family Residential Zoning District; PID# Nickolas Olson, City Planner Meeting Date: November 26, 2018 Overview: Bradley & Lisa Kay Markson (the Applicants ) have applied for a setback variance to reduce the required lakeshore setback from 75 feet to feet and the required front (streetside) setback from 35 feet to feet for the construction of 2 separate decks onto the existing nonconforming home at 7061 Halstead Drive (the Property ). The Applicants would construct one deck off of the lakeside of the home and the other deck off of the east side of the home. Background: The existing home was built back in 1970 and does not meet current setback regulations. The Applicants contacted city staff earlier this year to discuss the project and their desire to construct decks off of 2 existing, above grade exit doors. The project includes a 7 foot by 9 foot deck off of the kitchen door towards the street and a 7 foot by 30 foot deck off of the porch door towards the lake. Since the existing home does not meet the required setbacks, most expansions to the structure, including the proposed decks, require the approval of a variance. Attached to this staff report is the Applicants narrative, which explains the project in more detail. Variance Request: City Code Section Subd. 9 allows the City to issue variances from the provisions of the zoning code. A variance is a modification or variation of the provisions of the zoning code as applied to a specific piece of property. A variance is only permitted when: a. The variance is in harmony with the general purposes and intent of this ordinance. Section Subd. 1 outlines the specific purpose and intent of the city s zoning ordinance. In general, the zoning regulations are in place to provide for the safe and orderly development of property within the City in a manner that promotes the general public health, safety, morals, comfort, and general welfare of the inhabitants of the City. The requested variance meets the intent of the zoning ordinance in that one of the purposes of the request is to provide safe egress out of existing doorways and the location of the decks does not impact the use of the roadway or infringe upon neighboring properties. Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.

9 b. The variance is consistent with the comprehensive plan. The basic intent of the comprehensive planning process is to provide a wellfounded and coordinated decision-making framework to guide both public and private development and community improvements. In this regard, the comprehensive plan represents the development framework to guide and direct future land development decisions within the city. The Land Use Plan is a narrative and graphic representation of the community s land use and growth management goals and policies that provides the background and rationale for land use designations as represented on the Proposed Land Use Map. The Land Use Plan is divided into two sections: General Concept Plan and Land Use Elements. Minnetrista s fundamental land use policies are laid out, with the intention that decisions about new development proposals are expected to meet these standards identified in the comprehensive plan, in addition to mere compliance with development ordinances and maps. The Property is currently being used as a single family dwelling, which is consistent with the current and future land use of the Property. The proposed decks do not change the use of the Property. Also, the Guiding Land Use Principles are used as a means to maintain the integrity of neighbors. The requested variance maintains the neighborhood character and feel through the attention to size and location of the proposed decks relative to neighboring properties and the adjoining street and lakeshore. A variance may be granted when the applicant establishes there are practical difficulties in complying with this ordinance. Practical difficulties, as used in connection with granting a variance, means: 1. The property owner proposes to use the property in a reasonable manner not permitted by this ordinance. This factor means that the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use whatsoever without the variance. The Applicants are adding decks off of 2 existing above grade doors. Without having the decks as landings, the doorways are currently rendered useless. Therefore, it is reasonable to allow the Applicants to construct decks as a safe means of egress out of the above grade doorways. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The uniqueness generally relates to the physical characteristics of the particular piece of property, that is, to the land and not personal characteristics or preferences of the landowner. When considering the variance for a building to encroach or intrude into a setback, the focus of this factor is whether there is anything physically unique about the particular piece of property, such as sloping topography or other natural features like wetlands or trees. The Applicants are Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.

10 stuck with a home that was built by a previous landowner in 1970 that does not meet current setback regulations. This is due in large part to the configuration of the lot, which tapers off rather quickly from roughly 177 feet to 74 feet as you move west to east across the property. With a minimum front (streetside) setback of 35 feet and lakeshore setback of 75 feet, the numbers just don t add up for even a reasonable house to be built in a conforming location. This results in an existing nonconforming home on which the Applicants are seeking to add decks on to. 3. The variance would not alter the essential character of the locality. Under this factor, consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. The proposed decks are reasonably sized relative to the size of the home and the purpose they will serve. Decks are commonly seen on lakeshore homes because of that fact that almost all are walkouts and decks provide a safe ingress/egress from the main level of the homes down to grade. Decks also provide enjoyment of the lakeshore yard, which is a key component to the Property and other lakeshore properties. Neighborhood Comments: Notices were sent out to all property owners within 500 feet of the subject property. To date, staff has not received any comments or concerns regarding this request. Conclusion: The Planning Commission should review the staff report and open a public hearing. Once all interested parties have had the opportunity to speak regarding the requests, the Planning Commission should close the public hearing. After the public hearing is closed, the Planning Commission should consider the entire record before it prior to making a recommendation to the City Council. Along with making a recommendation, findings of fact should be made which support the recommendation. Possible findings of fact are as follows: 1. The requested variance is consistent with the purpose and intent of the city s zoning ordinances because the Applicants are proposing to properly use the Property in an orderly and safe manner that allows for safe egress from the existing doorways and does not impact the use of the roadway or infringe upon neighboring properties; 2. The requested variance is consistent with the city s comprehensive plan because the existing use of the Property as a single family home will not be changed by the request and remains consistent with the current and future land use plans for the Property while maintaining its residential character; 3. The Applicants propose to use the Property in a reasonable manner because the proposed decks are being constructed off of 2 existing above grade exit doors, which will provide a safe means of egress from the home that currently does not exist at these doorways; 4. The requested variance is the result of unique circumstances not created by the landowner because of the existing home on the Property, which was not built by the Applicants, is nonconforming with respect to both the required lakeshore and front (streetside) setbacks and the narrowing lot makes finding a complying location nonexistent at the doorways; and Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.

11 5. The requested variance will not alter the character of the locality because the lakeshore homes commonly have decks and the size the decks being proposed by the Applicants are reasonable given the size of the home and the Property. Recommended Action: Motion to recommend the City Council approve the requested setback variances at 7061 Halstead Drive based on the findings of fact in the staff report and subject to the following conditions: 1. The Property must be developed in accordance with the approved plans as submitted with the variance application; 2. Any tree removal shall be done in accordance with city code and is subject to certain replacement requirements; 3. Any required grading shall maintain existing drainage patterns or improve the existing drainage of the lot and adjacent lots; 4. The Applicant obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction over the Property prior to any construction; 5. The Applicant is responsible for all fees incurred by the City in review of this application; and 6. The variance approval is valid for one year from the date of approval and will become void and expire unless a building permit has been issued for the site. Attachments: 1. Location Map 2. Project Narrative 3. Proposed Plans 4. Proposed Survey Mission Statement: The City of Minnetrista will deliver quality services in a cost effective and innovative manner and provide opportunities for a high quality of life while protecting natural resources and maintaining a rural character.

12 7061 Halstead Drive 1 inch = 94 feet November 15, 2018 Map Powered by DataLink from WSB & Associates

13 Description of Request Install 7 x 30 Deck with stairs on the lakeside of the home off of existing above grade entry door and support with helical piles. Deck will be Trex Select composite decking with Westbury aluminum rails. Please see attached plans. Install 7 x 9 Deck with stairs on the streetside of the home off of existing above grade entry door and support with helical piles. Deck will be Trex Select composite decking with Westbury aluminum rails. Please see attached plans.

14 Written Statement 2.a 7061 HALSTEAD DRIVE MINNETRISTA, MN PROPERTY OWNERS Bradley Glen Markson Lisa Kay Markson

15 Written Statement 2.b LEGAL DESCRIPTION: Par 1: Lot 24, 25, 26, 27, 28, 29 and 30, Block 2, "Minnetonka Centre" Par 2: That part of the East Half of adjoining McClellen Avenue vacated, lying between the extension across it of the North line of said Lot 30, and a line running from the Northeast corner of Block 3, Minnetonka Centre, to a point on the West line of Block 2, Minnetonka Centre, distant feet South of the Northwest corner of said Block 2, as measured long the West line thereof, Minnetonka Centre. Par 3: That part of the West Half of vacated McClellan Avenue, as platted in Minnetonka Centre, lying Northerly of a line running from the Northeast corner of Block 3, Minnetonka Centre, to a point on the West line of Block 2, Minnetonka Centre, distant feet South of the Northwest corner of said Block 2, as measured along the West line thereof, and Southerly of the extension across it of the North line of Lot 1, said Block 3, Minnetonka Centre. PARCEL SIZE 20,001 Square Feet 0.46 Acres EXISTING USE OF LAND Residential Homestead CURRENT ZONING R-1: Low density single-family residence

16 Written Statement 2.c MINNETRISTA CITY CODE PROVISION(S) FOR WHICH A VARIANCE IS SOUGHT FOR 7061 HALSTEAD DRIVE MINNETRISTA, MN Section Subd. 8.b: Lot area, width, setbacks, coverage Proposed Lakeside of Home Deck: Structure setback from ordinary high water mark (ft.) - General Development Waters 75 feet o Code is 75 current structure is 61.9 per survey o Proposed deck with stairs would be at its nearest point to the ordinary high water mark. Proposed Side of Home Deck: Structure setback from municipal or private right-of way - General Development Waters 35 feet o Code is 35 current structure is 22 per survey o Proposed deck with stairs would be at its nearest point from the municipal right of way.

17 Written Statement 2.d Description of the Proposal The dwelling, at 7061 Halstead Dr. for which the variance is requested, was built in 1970 and has two (2) above grade entry doors that are currently unusable. Because of the date of construction, the dwelling is located nearer to both the normal high water mark and the street than current City of Minnetrista code permits. In order to make the two (2) pre-existing entry doors usable, the owners of the property (Bradley G. Markson & Lisa K. Markson) are seeking a variance from Minnetrista city code (Section Subd. 8.b: Lot area, width, setbacks, coverage). Deck 1: This deck is proposed to allow access to the dwelling from an existing entry door off of the 4-season porch (as it is designated on the survey). The deck will have a landing out of the existing door and then run across the length of the porch, extending 7 away from the dwelling. There will also be a staircase to ground level. There will be no hardcover added under the deck. Deck 2: This deck is proposed to allow access to the dwelling from an existing entry door off of the kitchen. The deck is proposed to be 7'x9' on the side of the dwelling and have steps to ground level on the street side that will not pass the current concrete walkway. There will be no hardcover added under the deck. Deck 1 will vary from the provision for lake setback in Section Subd. 8.b: Lot area, width, setbacks, coverage). Deck 2 will vary from the provision for street side setback in (Section Subd. 8.b: Lot area, width, setbacks, coverage). Please reference plans and drawings as needed

18 Written Statement 2.e Pre-Application Discussions The homeowner, Bradley Markson, had an initial conversation with Nickolas Olson at the City of Minnetrista offices in September of 2018 to discuss the project. Subsequent phone conversations were had to facilitate moving forward and Nickolas provided guidance on areas of the Minnetrista city code that may be in play. These conversations led to an understanding that a request for a variance would be needed for the project to proceed.

19 Written Statements 2.f The proposal of two decks off of the residence where there are existing above grade doors, is in harmony with the general purposes and intent of Minnetrista City Code in that the project will introduce minimal / code compliant amount of new hardcover and will not significantly alter the dwelling. The addition of the decks will improve the safety of the home and is consistent with the Land use goals and policies (below) from the Minnetrista Comprehensive plan. The decks will not introduce any significant shoreline or roadside clutter or alter views for any other residences. From Minnetrista Comprehensive Plan 2-10: Low Density Residential Within this category, the predominant land use will be detached single family homes, and the City s R-1 zoning district will be the major zoning designation for development regulations. From Minnetrista Comprehensive Plan 2-18 LAND USE GOALS AND POLICIES The land use plan for Minnetrista is a graphic representation of the community s land use and growth management goals and policies. In the following pages, Minnetrista s fundamental land use policies are laid out, with the intention that decisions about new development proposals are expected to meet these standards identified in this material, in addition to mere compliance with development ordinances and maps. Guiding Land Use Principles - There are two primary environments in Minnetrista which have defined the community s identity uncluttered shoreline development, and vistas of open rural residential neighborhoods. Open space is a major component of both. Preservation of distinct agricultural and other rural areas plus the accommodation of urbanization in appropriate locations - only in densities and patterns that reflect the values of the community - is a primary objective for the community s planning. Minnetrista has a strong history of community involvement and neighborhood awareness. This awareness is closely tied to identification with the surrounding rural landscape. It is a fundamental objective of the community to establish and maintain a strong sense of neighborhood and community. Concerns, preferences and density in and around the neighborhood shall be identified to ensure compatible development. The sense of neighborhood can be achieved by: Establishing a sense o residential areas and the adjoining countryside Attention to ne views Neighborhoods wh neighborhoods or other land uses, and to the community as a whole through roads and trails Preserving rural landscap

20 Written Statements 2.g The proposal of two decks off of the residence at 7061 Halstead Dr. where there are existing above grade doors, does face practical difficulties in complying with Minnetrista City Code because of the following. The dwelling having been built in 1970 already lies nearer to both the shoreline and the road than the current setback regulations. The dwelling currently has two above grade entry doors that are un-usable and will remain unusable unless the decks with stairs can be added to the dwelling. The variance, if granted, would allow the addition of the decks but the decks would not alter the essential character of the locality as there was clearly an intention when the home was built that there would be decks off of the existing doors. The decks would not be invasive to any other property and would only be minimally visible from any other property.

21 Written Statements 2.h The proposal of two decks off of the residence at 7061 Halstead Dr. where there are existing above grade entry doors is primarily being driven by a desire of the homeowners to make the two doors usable in a safe manner. Both doors are currently unusable and provide no means of safely exiting the home. The addition of the decks would provide addition safe means of entry/exit. While the addition of the decks may nominally increase the value of the home, the primary rationale is safety.

22 Written Statements 2.i The granting of a variance for the proposal of two decks off of the residence at 7061 Halstead Dr. will have minimal impact for any neighboring properties or homes in that they will not lie near any property lines and will only be minimally visible while not on the property. Because of the above, The project will not 1) adversely affect the health or safety of persons residing or working in the neighborhood; 2) impair an adequate supply of light and air to adjacent properties; 3) be injurious to property or improvements in the neighborhood; 4) increase the congestion on public streets; 5) endanger public safety; 6) or substantially diminish or impair property values within the neighborhood.

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