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01-27-2003 Council Packet
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01-27-2003 Council Packet
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U02-2m <br />January 13,2003 <br />Page 2 <br />Background <br />This lot was originally platted in 1965 as part of the Foxhill subdivision and was zoned for 1-acre <br />minimum lot size at that time. The existing house (a 3-bcdroom one-story “patio” home, i.e. no <br />basement) was constructed in 1973. The zoning was changed to 2-acre minimum in 1975. A <br />swimming pool was constructed north of the house in 1976. A new drainfield and pressurized <br />distribution system was installed to replace the original trench drainficld in 1982. The site is <br />currently served by well and septic, as the prior owner chose to not have the house scr\ cd when the <br />Foxhill area was sewered in 1998/99. <br />The applicant has recently purchased the property and intends to tear down the superstructure and <br />re-use the existing footings and slab foundation. This requires a lot area variance and a setback <br />variance to replace the 4-stall garage In the substandard side setback abutting the Dakota Rail <br />corridor. The house will be enlarged to incorporate a second story, including a “bonus room” above <br />the garage which adds a second level of encroachment to the side setback. A proposed second-story <br />deck extending from the cast side of the house will have to meet the required wetland setback. <br />The property is partially within the 500-1000' hardcover zone and partially outside the Shoreland. <br />Hardcover is not an Issue. Lot coverage by structures is proposed at approximately 3250 s.f. or <br />7.4%, well below the 15% maximum. <br />Lot Area Variance <br />At approximately 0.8 acres dry buildablc, the lot contains about 40% of the required area for the LR- <br />1 A District. Removal of the superstructure constitutes complete removal of the residence for zoning <br />purposes. However, this is a lot of record and has contained an existing residence for nearly 30 <br />years. Many other developed lots in the neighborhood have similar lot sizes and characteristics. <br />Granting of the lot area variance would be reasonable and consistent with past City practice as long <br />as all other City codes are met. <br />Side Setback V'ariance <br />The existing detached garage is located 23.7' from the west side lot line, which abuts the Dakota Rail <br />corridor, it is expected that this corridor will eventually become a regional trail. Orono has other <br />existing structures near to the trail corridor, primarily in the Navarre area along Crystal Bay Road. <br />The existing 932 s.f. garage as a detached structure actually meets the 15' property line setback <br />required for detached accessory structures; w'hen attached to the house as part of the proposed <br />rebuild, it will become port of the principal structure. <br />From staff s perspective, there is little hardship that supports the side setback variance. The attached <br />garage could just as easily become 3 stalls rather than 4. The house/garage could relatively easily <br />i
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