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<br />Due to drainage issues and below street grade (sewer complications), placement on the east side of <br />the lot is not a viable option. The east side of the property has a very steep hill which drops nearly <br />20 feet below the street in a distance of only 30 feet. <br /> <br />2. The plight of the landowner is due to circumstances unique to the property not created by <br />the landowner. <br /> <br />Yes, this is a unique piece of property on the lake with access, drainage, sewer and topography <br />issues that were all in existence for many years prior. None of these issues were created by the <br />landowners. For example, there is a great deviation on this property of the ordinary high water <br />mark (OHW) relative to the elevation of the shoreline that is not found on the east or west <br />properties. Using the current survey, the OHW would be 18 feet closer to the shoreline than the <br />mark based on data from over a century ago (1912 and 1929). Using today’s data rather than that <br />from the early 20th century would provide a setback that is typically found on Lake Johanna <br />properties, and the deviation between the two does not help achieve the intent of the zoning code. <br /> <br />Another example is that the property sits significantly below the grade of the street with Arden <br />Place curving up and away from the property, which constrains placement options. This has caused <br />access and sewer issues (including sewer backup) that we would like to fix, making the property <br />safer. <br /> <br />3. The deviation from the Ordinance with any attached conditions will still be in keeping with <br />the spirit and intent of the Ordinance. <br /> <br />Yes, we believe this to be true. In placing the house as proposed, we are also considerately <br />addressing the enjoyment benefits of the existing adjacent properties for our neighbors. Moving <br />the home from its current location to be situated further east is a direct benefit to the neighbors at <br />1516 Arden Place. Not only does it create more distance between the homes to improve their view <br />corridors to the lake, it is a great enhancement for them as the plans call for a new access point <br />that would not require an easement over their property. With the proposed placement we also do <br />not encroach on our neighbors to the west at 1492 Arden Place, preserving their privacy and views <br />of the lake. <br /> <br />Both adjacent homes (1516 Arden Place and 1492 Arden Place) are non-conforming properties. <br />1516 Arden Place sits only 12 feet from the property line, a variance from the existing ordinance <br />requiring a 40 foot setback. Additionally, 1516 Arden Place is only 29 feet from the lake, also a <br />variance from the 50 foot lake setback requirement. This is a 6 BR, 4 BA ~5,000 sq. ft, 3 story <br />home. <br /> <br />To the west, 1492 Arden Place is also non-conforming as it only has 20 feet of lake access, with an <br />irregular shaped lot not meeting the existing ordinance requirements for lot width of 75 feet; nor <br />does the property conform for meeting the zoning requirements as more than ten (10) percent of <br />the shoreline is utilized for a dock. This is a 5 BR, ~4,000 sq ft, 2 story home.