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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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Planning Commission <br />March 16, 1998 <br />Page 2 <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 all <br />possible. The intent of the Council then, at least, was to grant variances liberally, as long as the <br />variances did not result in too much alteration of the standards, absent extreme situations, because <br />at least we had established a general standard that could be modified liberally as necessary to allow <br />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, number <br />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 extraordinarily <br />large house for a Lake Minnetonka home, or, quite frankly, for any new home in the City of <br />Orono. However, because of the distance of the home location from Bohn's Point Road, the <br />driveway leading to the home that is within the 75 to 250 foot setback is longer than one might <br />normally find on some lots that are of a normal configuration so that the home site is closer to the <br />public road. In this case, the lot length has resulted in a need for a longer driveway that has <br />contributed to the hardcover slightly in excess of that which is allowed under the ordinance without <br />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 would <br />look out of place when it is viewed from the lake or from Bohn's Point Road. Moreover, the view <br />to the lake from that house at that location would be blocked substantially by houses on each side <br />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 />configurations of the house to try to be in a position, given that long access driveway, so as not to <br />require any variance, or if any variance is required just a very modest one of one to two percent. <br />Moreover, they looked at moving the house further back, even though there would be visual impact <br />to the lake, but there would be a need then for extensive moving of dirt or filling of lower areas on <br />the lot. Therefore, they propose to build the home outside of the 75-foot setback area and on the <br />building pad of the home that was there previously. <br />In any event, at the present time, the hardcover as allowed by the City ordinance, would be <br />7,795 square feet, or 25 percent of the area between the 75 and 250 feet, and 3,450 square feet, or <br />30 percent of the area between 250 and 500 feet. The total area for the lot is 57,063 square feet. <br />15264BDM
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