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Mike Gaffron From: Mike Gaffron Sent: Monday, June 22, 2015 1:05 PM To: 'Thomas Kunik' Subject: RE: 2765 Shadywood Rd. Attachments: 2765 Shadywood -VAR-CUP Resolution No. 6397.pdf; Survey showing Average Setback Lines.pdf; Zoning Code Section 78-71.pdf Tom— The existing house at 2765 Shadywood Road is nonconforming with regards to required setbacks from Lake Minnetonka. The house sits on a peninsula with lake frontage on the north and south boundaries.Approximately the southern half of the house is less than the required 75-foot setback from the OHWI. Rebuilding of the existing residence on the property would be subject to the provisions of Orono Zoning Code Section 78-71 (attached). To summarize, if the existing structure was voluntarily and intentionally removed, it could be rebuilt in-kind (no expansion outward or upward, must be on same footprint) if a permit was applied for within 180 days of the removal. If a permit is not applied for within 180 days,then all new construction on the property must be in conformance with the zoning code. Based on the survey as well as the attached variance&CUP resolution which documents the location of improvements and approved hardcover for the site, it appears that a new residence meeting the required 75' lake setbacks from both sides of the peninsula would likely be feasible, although somewhat limited in depth to approximately 35 feet and width approximately 120 feet. The property would be limited to 25%hardcover. The height limit would be 30'and no more than 2-1/2 stories. The only issue I see regarding buildability would be the need to meet an average lakeshore setback from the northerly lakeshore, based on a straight line drawn between the locations of the two adjacent residence structures.A new house would have to be set south of the northerly average setback line,which removes a significant amount of the buildable area. In order to encroach northward of that line, a variance would be required (see survey with sketch). Mike Michael P.Gaffron Senior Planner , City of Orono (Street Address)2750 Kelley Parkway (Mailing Address)P.O.Box 66,Crystal Bay,MN 55323 Phone:(952)249-4622 Fax: (952)249-4616 From:Thomas Kunik [mailto:Thomas.Kunik@hennepin.us] Sent: Monday,June 22, 2015 11:53 AM To: Mike Gaffron Cc: Melanie Curtis; Christine Mattson Subject: 2765 Shadywood Rd. Mike, I am going to court on Thursday on 2765 Shadywood Rd.This property is owned by Thomas M. Randgaard. 1 met with the Hennepin County Attorney this morning and she is requesting information on buildability of this property if it , was to be sold and demolished. She would like to know what size footprint could be built; is this currently conforming or non-conforming as to setbacks, hardcover,encroachments? If built new would they be able to build a two story home or would they be limited to a rambler? I have attached a map and it shows that some of the parcel sits in the cove, how does that affect the buildability.She would like me to get back to her A.S.A.P. I am sorry for the short notice but I was just notified this morning on this. If you have questions, let me know. 1