10-15-2001 Planning Packet - Laserfiche WebLink

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Background: The property was part of a lot line rearrangement that was recorded in 2000. The final Council approval included a provision that a variance to the 140’ lot width requirement be granted to permit redevelopment of the lot and the lot be considered a record lot. A copy of the Resolution approving the lot line rearrangement is attached. Lot Width = 113’ Lot Area = 45,150 s.f. Code Review: Required Variances and Conditional Use Permit: Boathouse - Section 10.03. Subdivision 9 to permit the accessory building to remain on the property w ith construction of a new principal residence. The City of Orono has required variances to permit accessory buildings to remain on the property when principal buildings have been removed. The e.xisting boathouse is a •'legal-nonconforming** building. It is non-conforming because it is structure and hardcover located within 75' of the OH WL of Lake Minnetonka. The boathouse is “legal** because it was constructed prior to the adoption of the zoning ordinance. The change to the status of the principal dwelling unit also changes the status of the building. The Citj has, in some cases, required non-conforming structures to be removed when the principal dwelling unit has been removed, or in this case the principal building status is being changed from the existing house to the new house. The only process to keep a non- conforming building is the variance process. The City has looked at a number of other instances where hardcover located within 75' of the lakeshore has been allowed to remain, but only if the hardcover was deducted from the allowed hardcover in the 75-250' lakeshore setback. A total of 421 s.f. of hardcover would remain within the 0-75' setback. The would be 381 s.f. for the boathouse and 40 s.f. for the boulder wall next to the lake access stairs. The other hardcover including the second stairway on the west side of the property and railroad ties is being removed. 421 s.f of hardcover in the 0-75' setback and the proposed 4,724 s.f (23.6%) in the 75-250' setback would result in total hardcover of 5.145 s.f w ithin 250' of the lakeshore. Lot area in the 75-250' lakeshore setback is 20,015 s.f Allowed hardcover is 5.004 s.f The total hardcover is 141 s.f greater than what is allowed in the 75-250' lakeshore setback. Accessory building - Conditional Use Permits,Wariances (conversion of existing house into accessory building The City of Orono allows for the provision of plumbing in accessory buildings that includes a toilet, shower or bathtub. The accessory building is required to be conforming in location, size and height. The existing house encroaches 9.6' into the required setback to the west side property line, and would be resized to meet a 10' setback to the street property line where a 30' setback is required. Under the provisions of the Code the conditional use permit can not be approved without granting variances #01-2728 William and Laura Stoddard 4365 North Shore Drive 10/15/01 Page 2 of 6