03-13-2000 Council Packet - Laserfiche WebLink

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This application requires the following variances: 1. 3. 4. Section 10.22, Subdivision 1 (A) and (B) to permit structure within 75' of the lakeshore. The applicants have proposed to construct a new residence 34* from the lakeshore where 75' is required. 2. Section 10.55, Subdivision 8 to permit structure and hardcover within 75' of the lakeshore. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit 2,129 s.f. (22.4%) hardcover in the 0-75' lakeshore setback where 1,546 s.f. 03.6%) exists and no hardcover is allowed. The previous proposal was to permit 2,406 s.f. of hardcover in the 0- 75’ lakeshore setback. Section 10.24, Subdivision 5 (B) to permit a new residence to be constructed within the 35' street setback. The proposed residence encroaches 13.67' into the setback. To permit a new residence to be constructed on a lot less than 1 acre in size in the LR-IB zoning district. The proposed setback from the front property line has not changed, and to permit new construction on a lot less than one acre in the LR-IB zoning district. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 4 to 0 vote to approve the variances to permit tear down of the existing structure and construction of a new residence on the combined properties. STAFF RECOMMENDATION: • Staff recommends approval of the variances for the revised application based on the following: A. The property has been developed and used as a residential property for many years. To complete the application it is a requirement the lots be combined to permit the construction. B. Most of the property is located within 75 feet of the lakeshore. It is nearly impossible to locate a house outside of the 75 foot setback requirement without building on the street right-of-way line. Other houses in the locality are located at comparable setbacks from the lakeshore. C. The City of Orono owns and maintains a lift station located on the property. The City has a regular weekly inspection schedule for lift stations. It is reasonable to expect a “buffer” between the house and the station based on regular inspections. The City of Orono is also communicating with the applicants about obtaining an easement for the lift station. It is not known why an easement was not recorded with the project in the early 1 970’s, but an easement should be recorded in favor of the City. Lift stations tend to emit odors on occasion. The propert>- owners need to