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TO;Chair Smith and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM: Wendy Bottenberg, City Planner <br />DATE: February 14,2003 <br />SUBJECT:#03-2871 Dan & Sally Weatherly <br />1214 Wildhurst Trail <br />After-the-Fact Variances -- Public Hearing <br />Zoning District: LR-1B One Family Lakeshore Residential District (1 acre) <br />Lot Area: 47,327 s.f. (1.086 acres) <br />Exhibits: <br />A <br />B <br />C <br />D <br />E <br />F <br />G <br />H <br />I <br />J <br />K <br />Application <br />: lardship Statement <br />Survey for remodeling <br />Survey for attached garage <br />Elevations <br />Floor Plans <br />Lot Line Rearrangement -1200 Wildhurst Trail <br />Photo of Property <br />Plat Map <br />Property Owner’s List <br />Letter from Adjacent Neighbor <br />Pertinent Code Sections: <br />1.Section 10.03, Subd. 15(A): Non-Encroachments: Eaves shall not be considered to be <br />encroachments on yard requirements provided they do not extend more than 1 Vi feet. To <br />permit eaves to encroach more than 1 V^’- into the side yard setback. <br />2.Section 10.24, Subd. 5 (B): To permit the foundation to encroach 6 ” into the side yard <br />setback. The side yard setback will be 9 '/j feel where 10’ is required. <br />Application Sumniaiy: The applicants are requesting two aher-the-fact variances for a newly <br />constructed single family residence. The first variance is to allow the foundation of the newly <br />constructed residence to be located 9 Vt' from the side property line where 10’ is required. The <br />second variance is to allow the eaves to encroach into the side %ard setback. <br />Discussion: <br />The subject property was purchased in 2002. The applicant ’s initial plan was to remodel the <br />existing residence and add a second story. Shortly after the applicants started the project, it was <br />determined the foundation was not sound enough to handle the additional load of a second stoiy*. <br />The structure was demolished and a new foundation was built. <br />#03-2871 Dan/Sally Weatherly <br />1214 Wildhurst Trail <br />2.147003 <br />Page 1 of3 <br />7