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� , - . �Michael Gaffron Re:StoneBay PUD Modification ' Page 2 October 20,2004 2. Eave Overhangs. Our envelope lots for this development were intended to enclose the building footprint, and allow for eave overhangs. Unfortunately, it was recently brought to our attention that your ordinance allows 1.5-foot overhangs to encroach into the setback requirement, not 2 feet as proposed on � our units. Due to the setback issue described above, our eaves encroach into the setback beyond what is typically permitted. However, we believe that this encroachment is consistent with the intent of the PUD for StoneBay and request PUD flexibility to allow this encroachment. 3. Structural overhangs. We have a bump out proposed on Lot 6, Block 1 which also encroaches 1.5-feet into the setback. While we understood that this encroachment was similar to an allowed encroachment for a bay window, we now understand that because the cantilever is from floor to ceiling on the main level, it would not be allowed to encroach into the setback even though it does not include an extension of the foundation. The City has approved similar cantilevers in other portions of the project, but these elements have never created a setback issue. This is a unique circumstance due to the envelope lot setback; therefore, we are requesting flexibility to allow this encroachment for Lot 6, Block 1. Unfortunately, this lot has been restricted beyond the limits of other lots in the PUD due to the error in the setback. We believe that while the cantilever does not meet the letter of the law, it does meet the spirit and intent af the ordinance and we ask that you provide setback flexibility for this homeowner. We are very excited about the StoneBay project and believe that the project is a wonderful addition to the City of Orono. The wetlands, approved building designs and approved lot layout, create constraints that are unique to Lot 6. However, we believe the requested flexibility is indistinguishable to surrounding properties and does not diminish the spirit of the StoneBay PUD approvals. Therefore, we request approval of these modifications to the approved RPUD General Plan based pm the finding that they are generally consistent with StoneBay approvals and would have no impact on surrounding properties. If you have any questions or comments, please contact me or Steve Johnston at 612.252.9070. Sincerely, LANDFORM* ��- l�l�l ) . Kendra Lindahl, AICP Principal Planner COPY: John Hassler, John Terrance Homes, LLC 'Landform Engineering Company doing business as Landform 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS,MN 55403 OFFICE: 612.252.9070 FAX:612.252.9077 wv�nN.landform.net