08/30/1996 - Ltr to city re bldg permit application

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G=�=�:''_;�=�:''1'�9F� 15: 1'� F_,1'�'=�41,�=�?�� 1EI!I�TI01! i=:EI1TEF' F'��:�E �� „ :�,r�xa+r„e+a,,.., , �� 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