04-22-2002 Council Packet - Laserfiche WebLink

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/1/02-2762 Timothy and Mary Sweczo 4480 Watertown Road Pa^e 2 of 3 ___________________ Planniae Commissioa Discusaion/Recommendation The variance application was recommended for approval by a vote of 4 to 3. The Planning Commission reviewed the existing site conditions that would impact the location of the new house. The house is proposed to be located at the same setbacks to the front and west side property lines as currently met by the existing house. Those voting in favor of the application noted the following findings in relation to unique conditions on the property: I. 4. 5. 6. 7. The property has been used for single-family residential use since approximately 1900. The property also has a recently installed (1998) septic system and has demonstrated a future septic site for the size of house that is proposed on the property. The preferred alternative would be to build a new house conforming to required setbacks. However due to a number of property acquisitions by Hennepin County to allow improvements and realignment of County Road 6 the size of the property has been reduced. The most recent acquisition in 1998 has also reduced the front yard setback for the existing house. A large wetland area on the property has reduced the overall lot area from 4.0 acres to a dry buildable area of less than I.S acres. The property is located in the RR-IA district requiring a minimum lot size of S.O acres and also applies setback standards for lots assuming a lot area of 5.0 acres. The required setbacks in the district arc 100 ’ front and rear yard and 50 ’ for a side yard. This building area of this property has further been reduced by the 26 ’ required setback to the wetland. The proposed house would be built meeting the setbacks currently met by the existing house. 1'he location of the septic drainfield site 20 ’ from the north end of the house and the well at the southeast end of the house restricts any possible movement of the building based on the design of the house submitted by the applicants. Accessory buildings are required to be removed from a property when a principal building is removed. The property contains a bam that is approximately 115 years old and a pole bam (garage/workshop) that are classified as oversized accessory buildings. The variances are justified by the fact the buildings were built on the property prior to existing zoning regulations, and the bam did meet the minimum required setbacks prior to the most recent acquisition of property to expand the County Highway. The granting of variances to permit accessory buildings to remain on the property does not change the status of the buildings as legal non-conforming structures. They are allowed to remain on the property until such time they have reached the end of their useful life. The Orono Zoning Ordinance addresses improvements allowed to non- conforming structures. Such stmctural repairs shall not exceed 50% of their assessed value at the time they became non-conforming. The buildings are allowed only general cosmetic repair. 1