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—« <br />January 16, 1979 <br />Alexander Holzer <br />2677 Casco Point Road <br />Variance/Conditional Use Permit <br />Page 2 <br />o <br />' 1 <br />B.Response to Planning Commission's Questions Concerning <br />Legal Interpretation <br />1.The "front yard" as now written in our code refers <br />to the street side, hence all front yard requirements <br />are street side requirements. Since this code was <br />drafted, the Minnesota Supreme Court has determined <br />that the lake side is "front yard", hence all front <br />yard requirements are also lake side requirements <br />where they refer to open space, etc. The "front yard" <br />extends from the building line to the lake or to the <br />street. <br />2.The front yard (Section 31.433) is primarily concerned <br />with view and height. No setbacks are required. Fences <br />and walls are both "structures" as defined in the code. <br />Differences exist in terms of hardcover (area) and <br />construction method which shift regulation of walls to <br />the lakeshore setback (Section 34,200) and grading <br />(Section 31.700). <br />3.The height limitation is imposed for construction and <br />open space purposes. Therefore, height requirements <br />should be measured from the ordinary (original) ground <br />level to the top of the structure. <br />4.The purpose of the height limitations anywhere are as <br />stated in #3 above. Open space, view and esthetically/ <br />environmentally "natural" landscapes are prime concerns <br />on all lakeshore property. <br />C. Summary of City Engineer's Letter (dated January 14, 1979) <br />City Engineer states new drainage pattern will not "cause <br />any hardship on adjacent property o\%Tiers", in fact, it will <br />improve drainage situation for neighbors to south and north. <br />The wall will create greater erosion problems to the west <br />because all drainage will be funneled in the direction of the <br />lake, engineer recommends all excavated material be placed <br />against west wall and ground cover established as soon as <br />possible. The applicant's plans for storm water disposal <br />must be reviewed by City Engineer before installation of <br />any system.