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Zoning Pile #1479 <br />Novesiber 13* 1989 <br />Page 2 of 3 <br />4. <br />5. <br />6. <br />The proposed house location on paper would appear to <br />increase the -fields of view- enjoyed by neighboring <br />residences. However# it is likely that the view from the <br />Hoffman residence at 1000 Tonkawa Road might be effectively <br />diminished due to the proposed height of the residence to be <br />constructed. Currently, Hoffman enjoys a panoramic view ot <br />the lake over the top of the applicant's existing house. <br />The average setback line is the only protection Hoffman <br />wou 4 have from further encroachment on his existing <br />panoramic lake view. Although a full set of house elevation <br />views has not been provided, it <br />plan and elevation submitted that the defined height of the <br />proposed house will meet the 30* limit# with the highest <br />peak about 30* above the existing driveway apron. <br />Applicant had submitted a preliminary proposal which had the <br />proposed house located further back on the lot but still <br />requiring an average setback encroachment. Applicant <br />revised that proposal apparently to attempt to save 3 <br />maple trees which would have been removed. Staff would <br />question whether the center 18- maple can be preserved given <br />the proposed garage and driveway locations. <br />Prior to 1976, a cabin existed on this property in the <br />location shown on Exhibit K. The easterly wall of that <br />cabin was in approximately the same location as that of the <br />currently proposed house. No average setback variance was <br />requested or reviewed in 1976. Documentation from Council <br />discussions responding to complaints by then and current <br />neighbor. Marge Gasch, at 1031 Tonkawa Road indicated that <br />the Council and staff felt that the intent of the average <br />setback ordinance had been met by the house constructed in <br />1976 (see Exhibit M, especially Resolution 1780, Finding <br />#13). <br />Discussion - <br />The applicants propose to replace the existing 2-level <br />residence with a 3-level residence (walk-out level plus 2 <br />stories). While they are reducing the degree of encroachment <br />past the defined average setback line, they are also building <br />upward which may have a significant effect on views enjoyed by <br />the Hoffmans. The average setback ordinance does not address <br />views of the lake over the top of another residence, out merely <br />is concerned with relative setbacks from the shoreline. Because <br />of that, the applicants could construct a house meeting the <br />required average setback but extending as high as the defined 30 <br />height as customarily measured, and the Hoffmans would have no <br />recourse through City ordinances.