04-08-2019 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ 5. LA18-000011 JULIE LENSING, 3349 CRYSTAL BAY ROAD, VARIANCES, 7:13 P.M. – 7:38 P.M. Julie Lensing, Applicant, was present. Curtis noted the pink line on the survey depicts the property line. Curtis stated the applicant is requesting a rear yard setback variance in order to construct an 18’ x 8’ addition on the rear of the existing home. Although hardcover is not being added, because the property exceeds 25 percent hardcover and the proposal involves an expansion from non-building to building hardcover, a hardcover variance is also required. The lot is nonconforming with respect to area and width. Staff finds practical difficulties inherent with the size, shape, and location of Crystal Bay Road as well as with the lake which may justify granting variances allowing the addition. As with other lots on Crystal Bay Road, in evaluating lot area and hardcover, the square footage of the improved drive lane of Crystal Bay Road is not included. The applicant’s existing home is about 38 feet deep. The applicant is requesting a rear yard setback variance to construct an 18’ x 8’ addition resulting in a setback from the rear lot line of approximately 1.2 inches. The property’s 118 feet of depth is challenging, particularly due to the fact that the 75-foot and average lake setbacks and the 30-foot rear yard setback nearly overlap. The required setbacks result in a 5-foot deep building envelope. The proposed 0.1-foot setback poses additional challenges regarding construction, the building code, fire codes, as well as the logistics of working within the adjacent property owned by the Hennepin County Regional Rail Authority. There is an existing shed encroaching on HCRRA’s property. The HCRRA representative has indicated that removal/relocation of the applicant’s existing shed which encroaches on the HCRRA property may alleviate their concerns about further encroachments should the variance be approved. Relocation of the shed to a location within the property boundaries would likely require setback and hardcover variances. If grading is to occur on their property, a permit from HCRRA would be required. The existing hardcover level is 42.9 percent. The addition is proposed to be constructed over an existing patio. No new hardcover is proposed. Due to the change in the nature of the nonconforming hardcover, an expansion from non-building to building, a hardcover variance is required. If the variance is approved, adjustments to the building plans are necessary, specifically to the gutters, roof, eaves and foundation, which the architect has indicated could be accomplished. Staff does not support the variance reducing the rear yard variance from 7.4 feet to 0.1 feet. If the Planning Commission supports the variance, Staff would add the following to the record: The proposed setback of 1.2 inches does not account for the need of the homeowners’ access around the home for maintenance without trespassing on the HCRRA property. Permitting requirements should be complied with. Staff finds the hardcover variance to be reasonable considering the practical difficulties affecting the property.