HomeMy WebLinkAbout10-11-05 CA Ltr. to OPH%h.
ECKBERG,a!t,&
LAM1"LfZ..,._S Lt
ATTO R_ N E Y S A -T LA W 1809 Northwestern Avenue, Suite 110
Stillwater, Minnesota 55082
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October 11, 2005
James Lammers
Robert Bri
Mark Vierlin
Thomas Weidner
Mr. Eric A. Johnson
Susan Olson
Cit Administrator
David Sn
Cit of Oak Park Heights
Sean Stokes
14168 Oak Park Boulevard North
Balers Heeren
Laura Doma
P. 0. fox 2007
Joshua Christensen
Oak Park Hei Minnesota 55082
Re: Kathleen A. McDonald — Variance Re
Dear Mr. Johnson:
The October 4, 2005 correspondence from St. Croix Orthopaedics relative to
Kathleen McDonald has been forwarded to our offices for review relative to her variance
re The letter from the orthopedic or references a buildin code variance which is
incorrect. No variance to the buildin code is bein sou but a setback variance is bein
applied for relative to the proposed improvement to the home. I understand the applicant is
re to improve the home to add an addition that provides for zero line setback from the
rear y ard, the application bein to add an additional bathroom. The letter from the orthopedic
personnel indicates that it is desirable to have a walk-in shower as a result of some condition of
arthritis. The letter as stated b the orthopedic personnel does not rise to the level of a medical
need.
Even if it were a medical need that she have a walk-in shower, the applicant
would be dut bound to demonstrate to the Cit staff and Plannin Commission and Council as
to wh the existin bathroom could not be retrofitted with a shower walk-in t or another
shower facilit could not be constructed somewhere in the home that did not re a variance
from setback. Until the applicant would be able to demonstrate both the ph need which
re the improvement and the lack of opportunit within the existin structure to add the
facilit in a manner that would not re a variance, the test of hardy not be
_a 0 e
sustainable under the Cit Code in m opinion. If y ou have a �itional q up , t ions in the
r.
manner, please feel free to contact me.
MJV/sdb
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