05-18-1998 Planning Commission Minutes

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,API• • ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 18, 1998 (#8) #2366 PETER LANPHER, 1359 PARK DRIVE -VARIANCES - 8:27-8:48 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The applicant was present. Van Zomeren passed out pictures the applicant provided. Property is zoned LR-1B. Requested are variances for hardcover, average lakeshore setback and side yard setback to allow a pool, deck and shed that were damaged during a storm in 1997 and subsequently replaced without permits or variances to remain. The survey shows that the pool and deck exceed 1,000 square feet and it is therefore considered an oversized accessory structure. The shed needs to be 10 feet from the side property line. The existing garage is also an oversized accessory structure and should be 15 feet from property line. The pool and deck exceed 1,000 square feet and are required to be 30 feet from the side property line. Applicant is asking to keep the pool, deck and shed which require several variances for hardcover in the 75-250' setback, average lakeshore setback and side yard setback. • There is a separate issue with the location of retaining wall. However,the applicant provided a legal document from Hennepin County to staff The staff originally thought the wall may be on the neighbor's property and the applicant thought the survey was incorrect. Van Zomeren stated that staff could not recommend approval because they were built without permits or variances. Four years after the pool was originally constructed in 1972, the variance was requested after it was determined that it was built without permits. Storm damage is viewed as providing an opportunity for compliance. Applicant stated he moved in 1986, the house was built in 1968, and the pool was constructed in 1972. In 1976,when the garage was constructed,there would have been a hardcover issue. He is concerned that the 1976 survey is not the same as the 1998 survey. Applicant could move the shed on the other side,but there would be a drainage issues. Stoddard said he wants to be sympathetic,but has to look at the after-the-fact variance requests. It is common to ask for smaller deck,etc,when there is a hardcover issue. Smith asked how reconstruction occurred without a permit. Applicant said only the corner of the pool was destroyed, and the pool people thought panels could be replaced initially. Later it was discovered that more work was needed. Replacement parts are no longer available. Smith asked if no one thought to call the city and ask if permits were needed. Applicant said he thought there wasn't enough damage to require permits, and he was only replacing what had previously existed. The mortgage company decided there was 100% replacement cost. • 8