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Property violations/1999
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3580 Bayside Road - 05-117-23-12-0010
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Property violations/1999
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Last modified
8/22/2023 5:15:54 PM
Creation date
8/19/2015 2:45:59 PM
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x Address Old
House Number
3580
Street Name
Bayside
Street Type
Road
Address
3580 Bayside Rd
Document Type
Correspondence
PIN
0511723120010
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Lisa Olson <br /> December l, 1997 <br /> Page 2 <br /> given the location of your residence (see sketch attached). <br /> No fence can be located within 75' of the 929.4' shoreline contour for Lake Minnetonka. <br /> Even though you have indicated that you have removed the portions of the fence located less <br /> than 75' from the shoreline, according to the most recent survey of your property in our files <br /> (1983),your lakeshore parcel has very little land that is not in the 0-75' zone, and most of the <br /> remaining fence appears to be either in the County road right-of-way or within the 0-75' zone <br /> according to that survey. <br /> No fence higher than 3-1/2' is allowed within a front yard. We have concluded that your fence <br /> is still in violation of the various maximum height provisions of Section 10.03 Subd. 15(C). <br /> That Section indicates that certain types/heights of fences are not considered as encroachments <br /> on yard requirements. It specifically states that "fences not over 6 feet in height along the <br /> street lot line of lake frontage lots which front on a major thoroughfare" are not <br /> encroachments, and "if fill is required, the total combined height of both fence and fill shall <br /> not exceed 6 feet above the height of the crown of the road...". <br /> Any argument that the fence should be allowed at least 6' high because this is a lakeshore lot <br /> which fronts on a major thoroughfare, is faulty because that Section relies on the definition <br /> of a lakeshare lot having a rear yard between the house and the road;but your property has no <br /> house (and therefore no rear yard) between the lake and the road. <br /> Further, the language that allows a combined fence and berm height of 6 feet is intended to <br /> eliminate the possibility of creating a berm higher than the road and then placing a 6' fence on <br /> top of it with the result being an excessively high fence. It has been consistently interpreted <br /> by the City that this was not intended to allow the grade to be increased by berming to the <br /> height of the road crown and then placing a 6' fence on it. And, note that no grading is <br /> allowed within 5' of a lot line. <br /> Based on the above,we conclude that your fence is not in conformity with the code, and does <br /> not meet the intent of the code. Its complete replacement, whether or not done 'in kind' or via <br /> re-use of the same materials, appears to be a violation of the zoning code. <br /> Storage and Accessory Structures <br /> Storage of your RV/trailer within 75' of the shoreline and within the lakeshore/front yard is <br /> in violation of a number of Code sections: <br /> - Section 9.52 Subd. 2B: "It is unlawful for any person to park or store a mobile <br /> home or recreational vehicle in any'Residence District'for more than 24 hours, <br /> except in a side or rear yard at least ten feet from any property line". Your RV <br />
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