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1 <br />Zoning File #1941 <br />July 15. 1994 <br />Page 3 <br />entry. TIk two story lakeside addition will provide for an expanded family rwm and living <br />room on the upper level and an exercise room and family rec room at the lower level. No grade <br />level decks are proposed although applicants should be questioned about access on grade level <br />from patio doors shown beneath 3’ upper level deck. Although increases in structural coverage <br />are proposed, major decreases in hardcover improvements have been iiKluded with proposal <br />There is a reduction in the 0-75 ’ setback area of 1.58^ and in the 75-250’ setback area at 1,889 <br />s.f. or 18.1%. Lt)t coverage exists at 14.2% and is proposed at 15.04% requiring a 15 s f <br />variance of .04%. <br />Please review Exhibit B, applicants’ addendum, that lists the hardships and applicant’s <br />understaiKling ot the issues to be faced with new construction. In order to best understand <br />statements presented in applicants’ addendum, staff will present a brief review and history of the <br />propeny. <br />In 1973, the City issued a building permit to construct the new residence. The residence was <br />located sonw 40-50’ from the pond that already connected to Lake Minnetonka. In 1982, an <br />existing 12’xl8’ ground level deck was replaced with the upper level three season porch <br />proposed at 17.9 ’x22.6’. The porch was noted as being 40’ from the wetland.-: not referenced <br />as pond or lake. In 1982 a new owner received permission to install a 3’ wide cat walk or <br />balcony along the perimeter of the three season porch and at the master bedroom for safety <br />reasons as bedroom was constructed with patio doors. A building permit was not issued as it <br />was argued the City had approved patio doors at the upper level and the balcony was needed for <br />safety reasons and included with the original 1982 permit. In 1975, the City adopted lakeshore <br />standards requiring all new construction to meet the 75 ’ lakeshore setback. In 1978, the flood <br />insurance rate map indicated that the lagoon was contiguous with Lake Miimetonka. <br />Review Exhibits M, N and O. in 1985, survey shows an existing wooden sea wall along a <br />channel that leads to the inlet or protected lagoon area. Review Exhibit F, note the 1971/1972 <br />aerial map shows the channel as being installed. It is the Orono staffs "guesstimate" that the <br />channel was installed prior to 1960. <br />Review Exhibits B and H, in 1986, that same owner who installed the upper level connecting <br />balcony removed a concrete patio at approximately 72 s.f. and replaced it with 144 s.f. wooden <br />deck. The owners at that time were advised to apply for a variance application to allow the <br />grade level wooden deck to remain. The owner then expanded the application to include an <br />upper level 3’ wide connecting balcony along the lakeside of the structure. After the review, <br />the applicant refused to remove the plastic beneath the gravel landscape areas stating that he <br />would not construct the balconies and that he would bring the wooden deck to the original 72 <br />s.f. The deck constructed without building permits still remains now shown at 196 s.f. Review <br />Exhibit R, note that deck will be completely removed and replaced with the two story addition. <br />Review Exhibit M, note that the channel received more permanent improvements when the