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Zoning File #1353 <br />November 14, 1988 <br />Page 4 of 6 <br />7. In addition to not meeting any of the City of Orono*s requirements, <br />the pool and patio does not meet the minimum 50* setback for <br />structures as is required by the DNR for new structures, and does not <br />meet the criteria for being less than 250 s.f. in area as is currently <br />proposed by the DNR in their proposed shoreland standards. For the <br />record, the City of Orono since 1975 has maintained stricter land use <br />and setbacks for lakeshore properties than are required by the DNR. <br />The City has the legal right to require more restrictive standards <br />than the DNR. <br />8. The applicants suggest that past dredging of the lagoon adjacent to <br />their property is a hardship, because it has made the lot area <br />smaller. In fact, the dry buildable lot area has not changed <br />substantially since 1970, as can be verified by a review of the 1970 <br />airphoto attached as Exhibit M. The house was constructed in 1972, <br />prior to the current restrictive lakeshore zoning standards which were <br />adopted in 1975. However, the house itself essentially meets the <br />current 75* lakeshore/10* side/35* street setbacks. Without a doubt, <br />this property is very restricted by current zoning ordinances. <br />However, these restrictions are similar throughout the neighborhood <br />and the community, and there is nothing unique or unusual about this <br />particular situation. <br />Regarding the applicants* description of unusual property conditions, <br />the applicants make the statement "rear-yard area Is a bluff dropping <br />down a relatively sheer face at the rear to the shores of an Inlet <br />dredged out to Lake Minnetonka. The surface of applicants' rear yard <br />Is not visible from Lake Minnetonka. The existence of a pool or <br />proposed decking surrounding a pool cannot be seen from Lake <br />Minnetonka.” It is a fact that the lagoon is considered part of Lake <br />Minnetonka, that the applicants* pre-existing rear yard was very <br />visible from the lagoon area under normal lake elevation conditions, <br />and that the pool, proposed decking, and proposed 2-3* high retaining <br />wall 15* from the normal shoreline of Lake Minnetonka will be very <br />visible encroachments into the required setback area. Staff would <br />note that the entire yard area from the house to the lake is less than <br />a 5% slope, and in no way can be cc sidered a bluff area such as you <br />might find on Casco Point, where "'n there is a 30-50* sheer drop <br />from the yard to the lakeshore.