02-21-2006 Planning Commission Packet

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� T. Mr. Michael P. Gaffron ' Page 2 February 21, 2006 remote location of Mr. Wagener's residence with respect to Lake Minnetonka. Mr.Wagener's residence appears to be located more than 330 feet from the lakeshore and is setback from the lakeshore farther than any other residence on Bohn's Point along the shoreline shared by Mr.Wagener and the Munsons. The existing home on the Munsons' ' property already extends beyond the average lakeshare setback line, and the Munsons second design revision merely seeks to increase the height of that portion of the residence that extends beyand the average lakeshore setback line by approximately 12 feet. The circumstances of the Munsons' property appear to be unique, at least with respect to Bohn's Point. As mentioned, on the south side of the Munson property, the Wagener residence is located farther back from the lakeshore than any other residence in that area. Furthermore, a line of trees and large bushes planted on the Wagener property all along the boundary with the Munson property all af the way down to the shoreline block the Munsons'views to the south. Moreover, because the residence on the adjacent property to the north of the Munsons' property is only set back approximately 76 feet from the lake and is the closest residence to the lakeshore in the area, this combination of visual obstructions results in a very narrow view�of the lake from the - � Munsons' residence. Due to these unique circumstances, and as noted in the Minutes of the meeting last month,the farther one is from the lakeshore on the Munson property the more the Munsons' lake view is diminished. Already the Munson residence is practically twice the required distance from the lakeshore without consideration of the average lakeshore setback, so strict enforcement of the average setback requirement under these circumstances would impose undue hardship on the Muns�ns. I refer you to three photographs of the area in question taken from the lake side of the properties on September 29, 20Q5. (Those photographs are attached to your Memo to Chair Rahn and the Orono Planning Commission dated January 12, 2006). The trees behind the Munsons' residence to the west(away from the lake)and those separating the Wagener and Munson properties rise two to three times the height af the current Munson residence. Moreover, most of the trees separating the Wagener and Munson residences are evergreen trees. While I have not been allowed access to Mr. Wagener's property, it appears that Mr. VVagener would not even see the two-level residence the Munsans propose to build. Much of Mr. Wagener's sight fine to the north in the direction of the Munson property is obstructed by Mr. Wagener's own landscaping. Mr. Wagener's attorney suggests that the hardship the Munsons face was self- created because the Munsons'predecessor in title created the parcels in question and did not object to the application for an average setback line variance the Commission granted to the person who built the residence to the north of the Munson property in 1977. Besides not understanding how the actions by a previous owner of the Munson property 30 years ago are attributable to the Munsons, the onerous burden this position would place on