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Zoning File #1110 <br />March 5, 1987 <br />Page 3 of 4 <br />Martinson has attempted to respond to your concerns regarding the use <br />of the court. He advises they will not use the court after 10 p.m. in the <br />evening. Per Section 10.60, Subdivision 8, the lighting for the court must <br />be shielded so that light beams are "not detectable at the lot lines". Mr. <br />Martinson will learn very quickly of the tolerance levels of his neighbors. <br />The very broad public nuisance sections of the municipal code will deal <br />with any abuses resulting from the use of the court. <br />On-Site Septic Testing - Mr. Martinson's on-site septic evaluator <br />contacted my office to confirm there will be no problem in locating a <br />sewage disposal system on the site. His preliminary inspection confirmed <br />that the presence of frost prevented the testing of the percolation rate <br />but that he was certain the recommended system would be a mound. <br />Staff Recommendation: <br />To approve lot area and lot width variances for the property located <br />at 1840 Shoreline Drive to permit construction of a new residence finding <br />that the size and width of the property is consistent with developed <br />adjacent lots and exceeds the areas of the surrounding 1 acre per lot <br />development of Fox Hills by 40 to 45 percent. To approve a conditional use <br />permit for proposed accessory structures, a pool and deck tennis court, on <br />a through lot, finding they meet the required 50 feet setback in both <br />front/rear street yards and to grant a 60 feet setback encroachment beyond <br />the average setback line for the pool and a 30 feet encroachment for the <br />deck based on one or more of the following findings; <br />1. If the house was moved further north, it would require the total <br />removal of the mature spruce trees at the rear of lot. <br />2. The setback lines of 500+ feet for the existing structures on the <br />adjacent lots are unusual and place severe restrictions in the <br />development of the middle lot. <br />3. The pool and deck structures are built at or below grade and will <br />not create a lake viewing barrier for adjacent residences. <br />4. The on-site evaluator has confirmed that an on-site sewage <br />disposal system can be installed on the site and that there is <br />suitable area to install a furture alternate system. <br />This approval is subject to the following conditions: <br />1. The accessory structures that encroach beyond the average setback <br />line may never be altered so as to create a lake viewing obstacle for <br />adjacent neighbors. <br />2. Applicant must obtain a permit from the public Works Department <br />prior to the creation of a new curb cut. <br />/ <br />^0 <br />y