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Bohns Point Road
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1540 Bohns Point Road - 09-117-23-33-0007
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98-2348, VAR
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Project Packet
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Mayor and City Council <br />March 20, 1998 <br />Page 2 <br />setback of principal structures from the lake, which later became a 75-foot setback in the City of <br />Orono and elsewhere. <br />At that time, we developed these hardcover standards without having, as I recall, any <br />empirical data to support the percentages that were set forth in the proposed ordinance. This was <br />in part because of the lack of data available. However, it was thought that the percentages that <br />were adopted would generally allow for the development of high-quality homes around the lake, <br />which could comply with those general standards, absent long lots, unique topography, unique <br />situations relating to treed areas, etc., that in any event should be preserved from alteration if at <br />all possible. The intent of the Council then, at least, was to grant variances liberally, as long as <br />the variances did not result in too much alteration of the standards, absent extreme situations, <br />because at least we had established a general standard that could be modified liberally as <br />necessary to allow for development. <br />In fact, the shoreland regulations in effect today, that are promulgated by the State of <br />Minnesota and must be incorporated as minimums into shoreland ordinances, only require a <br />hardcover restriction of 25 percent applied over the entire lot and not a 25 percent restriction <br />between the 75 and 250 foot setback as is set forth in the City's ordinance. <br />My clients propose a home on Lake Minnetonka which is not extraordinary in size, <br />number of bedrooms or garage stalls, etc. <br />As can be seen from the plans submitted by my client, the home is a four-bedroom home <br />with a three-car garage, and one of the bedrooms is in the basement. That is not an <br />extraordinarily large house for a Lake Minnetonka home, or, quite frankly, for any new home in <br />the City of Orono. However, because of the distance of the home location from Bohn's Point <br />Road, the driveway leading to the home that is within the 75 to 250 foot setback is longer than <br />one might normally find on some lots that are of a normal configuration so that the home site is <br />closer to the public road. In this case, the lot length has resulted in a need for a longer driveway <br />that has contributed to the hardcover slightly in excess of that which is allowed under the <br />ordinance without a variance. <br />As my clients will demonstrate, they could move the house further back so that there need <br />not be a driveway of such length within the 75 to 250 foot setback area, but then that house <br />would look out of place when it is viewed from the lake or from Bohn's Point Road. Moreover, <br />the view to the lake from that house at that location would be blocked substantially by houses on <br />each side that have been built at the 75-foot setback line. <br />As my clients will discuss, they have with their architect and builder considered various <br />15264BDM
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