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I <br />I <br />difllcult to propose a home which met this setback. <br />The proposed house is located 10’ from the rear lot line where 30’ is required. If the required <br />setbacks from the OHWL and rear lot line are followed, the setbacks overlap, providing no legal <br />building envelope. <br />With the propo.sed 10’ rear setback, there is only room for a driveway of approximately 10’ in <br />length off of Crystal Bay Road. With this length, vehicles will not fully fit on the driveway on the <br />lot and may end up jutting into Crystal Bay Road traveled right of way. Given this information, <br />staff would recommend that a driveway of at least an additional S’ in length be provided from <br />Crystal Bay Road, moving the house 5’ closer to the rear lot line rather than the 10’ proposed and <br />the 30’ required. The footprint of the home would also be 48' from the OHWL of the lake (same <br />as existing home) and lessen the encroachment into the average lakeshore setback with a 5’ <br />.setback from the rear lot line. <br />The rear lot line abuts Dakota Rail right of way which is not currently in use for rail but is <br />proposed to be a future regional trail. To the rear of the property, the right of way is flat then <br />changes significantly in grade. Since the existing house is located on the rear lot line and does not <br />appear to have a negative impact on the abutting property, a 5’ setback would seem reasonable in <br />order for the lot to accommodate a properly sized driveway. Ihe alternate would be to reduce the <br />length of the house by 5’ to retain a 10’ rear setback. <br />Rear setback approvals for structures in the neighborhood have varied from 7.6 ’ to 19’. <br />Average Lakeshore Setback <br />The proposed house encroaches 16’ into the average lakeshore setback whereas the existing <br />house encroaches 11 ’ into the average lakeshore setback. With a decreased setback from the rear <br />lot line of 5’, the encroachment into Uie average lakeshore setback would not change from where <br />it exists today. <br />The property to the west (3335 Crystal Bay Road) has a rear lot line that extends into the Dakota <br />Rail right of way. beyond that of the applicant’s property. In 1996, the owners of 3335 Crystal <br />Bay Road combined a small portion of Dakota Rail property with their lot. 1 he property to the <br />cast (3325 Cr>stal Bay Road) is approximately the same size as the lot in question. <br />The views from either adjacent property will not be obstructed by a home in the proposed <br />location. All properties face directly onto the lake. <br />Ileicht <br />The proposed elevations of a new structure on the property are taken from a previous application <br />by Ace Properties (Zoning File # 2730) on 3375 Crystal Bay Road for new construction. The <br />elevations are the same although the footprint has been reduced to fit on the lot. .As mentioned <br />previously, the owner docs not necessarily wish to build this particular home but wants to be able <br />to show potential buyers that something can be built. <br />The home that was built based on these plans was constructed on a lot with changes in grade <br />U03-2S76ScvicL Laming <br />3 13 200} <br />Page 3 of 7