HomeMy WebLinkAbout08/30/1996 - Ltr to city re bldg permit application G=�=�:''_;�=�:''1'�9F� 15: 1'� F_,1'�'=�41,�=�?�� ��1EI!I�TI01! i=:EI1TEF' F'��:�E ���
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August 30, 1996
RE; Kurt Carlson, 3247 Casco C'ircle
p�� Lyle Oman:
I understand that Kurt and Lucitle C'arlson have applied for a building permit to build a single c�u'
gara�e adjacent to their existing d�ti'�lling. Lucille Carlson informed you that Kurt Ca�'lson, age
78 sufferEd a Sp0]]t8ne0US break of his fCinur and wzll be on a�val�:er for �n indeterminate
period.
He tell three times on the long, sloping sidewalk to the existing detached garage iast winter.
Vdith his added dis�tbility he cannc�t affard to ris}:his safety again this winter. Tt�e garage is
pr��pc�sed solely to accommadate Mx. C'arlsan's diQability.
I undetstand that the garage construction presently proposed eclipses the City's Hardcaver rule
by 2-3°io. To compSy with that rule, I am informec3 that suggestions were made ta narrow the
�roposed dsiveway frr�m lb' to 9',rem�ve a stri� af concrete (shuffleboard) that predates the
Carlson's purchase of this house, and remove t1�e e�isting deck that overtooks the lake�-which
Also predates the Carlson's purehase of this house.
Although narrowing the proposed driveway to a width of a' might be reason�ble, I atn�'oubled
hy the suggestior�that a c�ntrAl feature of lake Iivi�Ig, Such as the deck, must be dernolished
before Mr. Carlson would be permitt�d to make changes necessary to permtt his safe ingress tc?
and egress from his home.
Under the Minnesota Human Rights Act(M�-IR.A) Mr. Carlson is a disabled person as th�t term
is deiined in Minn. Stat §363.D1 5ubd. i 3. 'The MHRA contains specific provisions pertsitl'1n�to
disabled persnns and their use and enjoyment of real property. In parcicular, it is an unfair
discriminatory practice "to refuse to permi.t reasvnable mc�diftcations of existing prernises if
mi►difications may be n�cessary to afford the disabled p�rsan full enjoyment of the premises."
Minn. Stat.� 3b3.03 Suhd. 2a{1 j. Yn addition, it is an unfair discrimination practice "io reftise to
ma.k� reAsonable accom.mociations in ruies, policies, practices or cervices wfien accommodations
are n�cessaxy to afford a disabled person equal oppartunity to us� and enjoy a dwelling." Minn.
Stat. § 3F3.03 Subd. 2a(2).
�1r. Larlson alsa is a person w-ith a disubility under the federa] Americans with Disahilitics Act
and the Rehabilitation Act of 1973. Both acts prohibit discriminatian against disabled persons
hy gublic services such as the C1ty of Orono, in administration of thcir rt�es and programs. See
sactions 202 and 504 respectively, �oth the state and federal acts contain wide-ranging damageti
provisions includin.g recovery of attorneys fees.
I l�no�v that yau may have been consider'tng this matter only with regard ta the requirements of
your local hardcQver rules. However, inasmuch as disahlcd gersons such as Mr. C&t'190n may
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need more hardcover than nondisabled perspns in order to acccss and qtilize their prop�rty, I
think that in this cA.se some accommodation in your rules is necessary. Mr. C�'lsun has lived on
Lalce Minnetonl�a since 1919. He is the artist who Greated the fiistoric streetcar boat paintin�s
that you may have seen around town. It would be unfortunate if inflexibility in this matter
placed him at unnecessary physical risk or forced him of1'th� lake.
Mr. Carison's builder was anticipating construction alreadv and must begin immediately if 1�1r.
Carison is to keep his builder and completc the change before inclement weather arrives.
I request that yau promptly apgrave the plans proposed by the Carlsons without requiring
demolition af any existing elements, particularly their deck. This invalves only a minor
deviation from your hardcaver rule. Tha��k you for yot�r consideration of this matter
V� s
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Co 0
�lttorney at Law
cc: Tracey Sheehan, Attarney at Law
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Fax Mes�age for immediate delivery to:
To: Mr. Lyle Oman
� City of Orono
From: Cory A. Carlsoz�
�,: Building Permit For Kurt Carlson 32d7 Casco Circle.
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