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Zoning File #1110 <br />April. 8, 1987 <br />Page 3 of 5 <br />The applicant advises that his insurance carrier will. not require <br />fencing aroun,' the pool. Staff has advised the appplicant that a fence <br />(not to exceed PE." in height) can be placed in the lakeshore yard up to <br />the 75 feet lakeshore setback line. Such structu�:cs are not subject to the <br />provisions of the average lakeshore setback/viewing standard. Martinson <br />has advised, that at some future date, he may wish to install a fence but <br />it would not exceed the allowable height. It should be noted that the pool <br />area is located approximately 95 feet from both adjacent residential <br />structures (see Exhibit. K). Staff would recommend that approval of these <br />structures be conditioned such that no additions or modifications to the <br />deck and pool will result in increased vertical elevations. The deck and <br />pool as proposed will create no viewing problems for adjacent neighbors. <br />The deck tennis court will be located 50 feet from Hezitage Drive. In <br />revi.sirg his plans, M artinson's planner placed the court 30 feet from the <br />rear/street lot line - the first plan showed it at a 60 feet setback. <br />Martinson will relocate court to 50 feet street/rear line. <br />Mr. Anderson, the owner o the north appears to have no proLlem with <br />Martinson's proposal. He doet, have a problem with the City granting area <br />variances for lots similar in size to his own undeveloped lot. If you <br />rememoer, Anderson was the owner of 2 rural adjacent substandard lots (one <br />with a residence). The City denied his area/lot width variance application <br />because the property was less than 4 acres (1 unit per 2 acres standard for <br />LR-iA district) and 400 feet of width. Some of you may remember the <br />property as the lcoation for Bec1 & Breakfast applications. <br />Mrs. Bouchard, neighbor to the south, called to advise of her complete <br />approval cf Mr. MaitilLson's site development plan. The Bouchard residence <br />would be 1.30 feet from the deck/tennis court with the rear/street setback <br />at 50' (see Exhibit K) - the Anderson residence would be 1.50 fee'_. <br />The Planning Comiriasion was concerned with the %se impact" of the <br />deck tennis court upon the neighbors and asked Martinson to consider a <br />curfew time in the evening. <br />Martinson has attempted to respond to the Planning Ccmmissi^•i's <br />concerns regarling the use of the court. He advises they will not use the <br />court after 10 p.m. in the evening. Per Section 10.60, Subdivision 8, the <br />lighting for the court must be shielded so that light beams are "not <br />detectal,le at. the lot lines". 1'•7r. Martinson will learn very quickly of the <br />tolerance levels of his neighbors. The very broad public nuisance sections <br />of the muni c•i l a 1 code wi 1 l deal with any abuses resu 1 t inq from the use of <br />the court. <br />