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06-12-2000 Council Packet
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06-12-2000 Council Packet
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U2581 <br />June 1,2000 <br />Page 2 <br />the ordinance has always been worded and interpreted: <br />"No principal or accessory structure shall be located within 75' of the lakeshore <br />nor closer to the lakeshore than the average distance from the shoreline of <br />existing (emphasis added) residence buildings on adjacent lots..." <br />There is nothing in the ordinance that gives a moving party the right to be closer than <br />the 75' setback merely because the existing adjacent homes are non-conforming. <br />3. Privacy for the adjacent homes is compromised by setting the new house so that its <br />lakeshore yard is within the side yard view of the adjacent homes. This is a <br />legitimate concern; however, should this concern override the long-term goals of the <br />City? Is loss of privacy a legitimate hardship? <br />The adjacent neighboring property owner to the north, Tom Palm, was granted variances in <br />1994 to add a second story above his existing residence 39 ’ from the shoreline. When it was <br />later found that the home would have tc be totally rebuilt, he was granted a variance to be <br />50' from the shoreline with the new home. 50' happened to be the DNR’s minimum setback <br />Standard for General Development lakes, and happened to place his residence in line with <br />homes on either side. <br />The angle of the shoreline in this immediate neighborhood provides a striking example of <br />the conflict between keeping the homes ‘in line’ and the City’s long term goals. Palm’s <br />house at 1685 Concordia is 50' from the nearest point on the shoreline; Gehring’s proposed <br />west facade will be directly in line with that of Palm, but will be 42' from the shore; and the <br />adjacent house to the south at 1695 Concordia, s also directly in line but is only 36' from <br />the shore, with a deck only 26' from the shore. The house at 1695 is an old (ca. 1910) small <br />cabin on a lot assessed at 3 times the structure value; this one will surely be in for a <br />teardown/rebuild in the relatively near future. And it gets even worse; the next let down the <br />line, at 1705, has an old cabin valued at less than 1/lOth the land value, located just 30' from <br />the shoreline. It would be extremely counterproductive to let 1695 or 1705 be rebuilt 36' or <br />30' from the shore just because they would stay ‘in line’ with the others. Ifeach house in this <br />line is set square with the side lot lines at a 50' setback, they will each be offset 6-8' from <br />each other, which should not cause anv privacy concerns. <br />Recommendation <br />/ would strongly urge that Council not accept the 42' setback but hold the standard to at <br />least SO' for the Gehring request, as well as for future requests in this immediate <br />neighborhood. I do believe that the low topography is a legitimate hardship supporting a <br />variance from the 75' standard for Gehring’s situation; this topographic constraint affects a <br />few other adjacent lots and is unlikely to be easily or inexpensively solved. Slightly raising <br />the grade at the homesites and leaving the remainder of yard area as a drainage basin is <br />probably the least expensive solution. <br />Attachment: Neighborhood Topography I "= 100'
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