08-19-2002 Planning Packet - Laserfiche WebLink

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4. Section 10.22, Subd. 2 and Section 10.56, Subd 2 16 (L): Hardcover in 0-75’ Setback: To permit an increase of 300 s.f. of hardcover within 75’ of Lake Minnetonka. Existing = 731 .s.f. (17.8%) Proposed = 1,031 s.f (25%) Allowed = 0 s.f (0%) * Hardcover calculations do not include the paved Crystal Bay Road and any plastic landscaping material. 5. Section 10.03, Subdivision 14 (C): Lot Coverage by Structure Lot Area = 6,058 s.f Allowed Lot Coverage by Structure = 1,500 s.f Existing = 1,397 s.f (includes portion of house and shed located off the property) Proposed = 1,733 s.f (includes portion of house and shed located off the property) 6.Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6): To permit an encroachment into the average lakeshore setback. The total encroachment is appro.ximately 8 ’. Review of Flardship: The applicant has stated the hardship is the house is located between the lake and a hill (sec Exhibit A). The State requires an undue hardsltip be present to grant a variance. 1 he State Statutory’ test for a hardship is defined as: Undue Hardship: means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the lando’vvner, and the va-iance, if granted, w ill not alter the essential character of the neighborhood. There are 6 individual variances required for this application. For some time the Citv of Orono has consistently considered properties “fully developed” when the property is at a total 15% lot coverage or at 1.500 s.f when the lot is less than 10.000 s.f in area. 1 iiis individ*ual property is just more th^ 6,000 s.f in area, thus the zoning ordinance permits total lot coverage by structure of 1,500 s.f The total existing structure of 1,397 s.f includes a portion of the garage and shed that is not located on the property. This lot is immediately adjacent to the Dakota Rail right-of-way. Most lots alone Crystal Bay Road have maintained back yards that are in the right-of-way. The attached survey indicates the location of all structures and hardcover serving this property in relation to the property- lines. A variance to pemiit lot coverage beyond 1.500 s.f on this property would be inconsistent with other recent actions along Crystal Bay Road. There have been two recent variances approvals that were for complete rebuilds, not an addition as in the case of this application. In each case the amount of structure permitted on the property did not exceed what had previously been cn the propertv. One lot was allowed total lot coverage of just over 1.000 s.f total, the second lot was allowed a total of 1,500 s.f because the lot had been previously developed greater than 1,500 s.f •02-2S0I kaihlccn Nfclin 3309Cr>s!3i Da> ''.rad Page 2 of 3