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Last modified
7/17/2007 12:09:20 PM
Creation date
12/8/2004 12:40:30 PM
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Template:
Planning Files
Planning Files - Planning File #
2777
Planning Files - Type
Variance
Address
367 OWASSO BLVD S
Applicant
OREN, DANIEL
PIN
032923310027
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<br />, , <br /> <br />therefore, Mr. Oren's plans either had to be amended to be built within the setback lines or <br />a variance application would need to be presented to the Planning Commission and City <br />Council. <br /> <br />3. Mr. Oren's variance request is to construct a new house in part on the same location as his <br />existing house. This involves a 38 foot shoreline setback variance and a 5 foot sideyard <br />setback variance because the existing structure was also located on the southeast sideyard <br />property line. Mr, Oren's request is based on the unique shape and characteristics of his <br />property in that the lot is very long and narrow with a slope for the walkout portion of the <br />design of his house located in the area of the existing foundation. He explained that he <br />would like to preserve existing mature trees at the 75 foot setback line and that to move <br />his building back to the 75 foot setback line would make for extremely tight spacing of the <br />buildings on both sides of his lot. (The homes on both sides meet the 75 foot setback <br />requirement). The impact on his neighbors, however, would be to screen a portion of <br />their view of the lake. <br /> <br />Section 1016.12b establishes minimum lot size and widths for single family lots in the <br />shore1and water management overlay district at 15,000 sq. ft. in size and 100 feet in width. <br />Section 1016.20a allows for construction on lots of record prior to the enactment of the <br />Shoreline controls provided that the lot size minimum and length of water frontage not be <br />less than 70% of the standard dimensional requirements and it must be served by City <br />utilities. Mr. Oren's lot has approximately 40 feet of lake frontage and is approximately <br />7,700 sq. ft. in size. While these dimensions are less than the 70% requirement, there is <br />opportunity on this lot for the construction of a single family home currently served by <br />City utilities. At the 75 foot setback line, once the 5 foot side yard setback requirement is <br />included, there would still be room for a 28 foot wide structure. At this location, the lot <br />would not lend itself to a walkout style house but other designs are available. A 30% lot <br />coverage ratio would provide for a house approximately 2,300 sq. ft. in size on one level. <br /> <br />4. At their July 12, 1995, meeting, the Planning Commission recommended approval of a <br />variance to the lot size and width requirements of the Shoreline Management Ordinance <br />but to deny the request for a variance to the Shoreline Setback requirement of75 feet at <br />367 S. Owasso Blvd. The Planning Commission further recommended sideyard setback <br />variances of up to 4 feet on the north and up to 2 feet on the south to allow Mr. Oren the <br />flexibility to build his house design at the 75 foot setback line. <br /> <br />5. The City Council considered Mr. Oren's application at their July 24,1995, meeting. <br />During the presentation, Mr. Oren modified his shoreland setback variance request <br />to build his house within 65 feet of the shoreline (a 10 foot shoreline setback <br />variance). His plans called for using the side yard setback variances recommended <br />by the Planning Commission. These setback requests were met with strong <br />opposition from Mr. Oren's neighbors to the north and to the south. The City <br />Council continued the discussion on this request to the August 14, 1995, meeting <br />and directed the applicant, the neighbors, and their legal counsel to try to work out <br />a compromise solution. The City's legal counsel offered to facilitate any discussion <br />towards this end. <br /> <br />2 <br />
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