03-15-1999 Planning Commission Minutes

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ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 15, 1999 • (#5) #2444 BRIAN AND SUSAN SCHEBLER, 1354 REST POINT CIRCLE -VARIANCE, 7:33 p.m. -8:02 p.m.—(continued) Weinberger stated the Applicants are requesting an after-the-fact variance to permit a detached, ground level deck located on the lakeside of the residence. The deck is located 86 feet from the Ordinary High Water Level of Lake Minnetonka. Weinberger stated a number of permits were issued in 1989 to allow for a large addition to the home in 1989. Following a recent survey by Gronberg, it was determined that some hardcover that was requested to be removed at that time was still existing. Approval was subject to the previous property owners removing a gravel parking area on the property and reducing the size of the driveway. City Staff recommends that the gravel parking area located on the north part of the property remain in that it is used for parking by the home owners and provides an area for snow storage. The rock located around the driveway protects this portion of the property from erosion as much of the drainage in this area follows the slope. This is a difficult area to maintain due to the steep slope that exists. Weinberger stated the hardcover worksheets completed by the surveyor include areas that were called hardcover but under definition are not necessarily hardcover because a plastic underlayment does not exist. One area is located near the driveway and the second area is located in front of the house on the lakeside. Staff is not recommending that the Applicants remove any of this hardcover since it protects the area from erosion. Weinberger noted that the hardcover in the 75-250'setback comprises 30.24 percent,which still requires a variance. • Weinberger stated all other lot requirements are met by the proposal and is not subject to average lakeshore setback. The Planning Commission needs to determine whether this type of development would have been approved if the Applicants had obtained the appropriate permits before construction of the deck. City Staff is recommending approval of the after-the-fact variance due to the hardship that exists on the property in that much of the hardcover that exists on the property is necessary for erosion control and some public purpose. Chair Smith inquired whether those two areas were the only two areas requested to be removed. Weinberger stated that the Scheblers have voluntarily removed some hardcover on the property. Smith inquired whether back in 1989 any other hardcover was supposed to have been removed that has not been. Weinberger stated just the driveway and the rock were requested to be removed. Schebler stated they have been attempting to clean up the property and reduce hardcover. Smith inquired whether there should be a condition that no additional hardcover be allowed on this property. Hawn stated she has a problem with this application and that hardcover needs to be further reduced. Hawn remarked she would not have granted a variance to allow the deck and would ask that the Applicants remove the deck. • Page 6