03-13-2023 City Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING March 13,2023 6:00 o'clock p.m. Johnson moved, Benson seconded,to table the request for an encroachment agreement until the first City Council meeting in May.VOTE: Ayes 4,Nays 0. 15. LA23-000001—LECY BROS HOME & REMODELING,2617 CASCO POINT ROAD, VARIANCE Staff presented a summary packet of information. City Planner Nye said the applicant is proposing to construct a new deck on the west side of the home.The existing lot as it exists today is over on hardcover, at approximately 28.4 percent in an area capped at 25 percent.The proposal is to construct a new deck of 288 square feet partially over an existing patio. The proposal also includes the removal of a portion of a patio and the removal of a walkway. Through this and the 100-square-foot hardcover credit,the site will go from 28.4 to 27.9 percent hardcover. The proposed deck meets all other setbacks including the 75-foot setback and the Average Lakeshore setback. Because the property is still over the 25 percent a variance is required.Nye said although the deck meets all required setbacks and the overall hardcover will be slightly reduced, staff is still recommending denial based on practical difficulties not being met as the property currently has a lakeside patio, a patio next to the home and a rooftop terrace to enjoy the lake. Staff also believes there are practical ways to bring the property into conformance to 25 percent hardcover.The Planning Commission reviewed the application at a Feb 21 public hearing and found that there was practical difficulty,that the hardcover was existing when the property owner purchased the home, and that the proposed deck is not out of character for the neighborhood. They were also pleased that it was being reduced in hardcover. The Planning Commission voted 5 to 0 to approve the application as submitted.The applicant has provided some more documentation and should be here tonight. Andy Johnsrud,Lecy Brothers Home and Remodeling 3250, County Road 10,North Watertown, Minnesota,said the original plan called for a larger deck until they realized they would have a hardcover issue. Our compromise working with the City was to cut the eight feet back,which also included a staircase off the deck,and then to reduce the patio and steppingstones to reduce our hardcover. Right now, as staff mentioned,there is a patio that is on the walk-out of the of the home and there is also a second-floor deck. The new clients that have just purchased the property are unable to use those because of accessibility issues. He said they are doing a remodel project on the home to create a main floor master bedroom and hope to have a deck on that level on the lake side.In response to a question from Johnson, he clarified that the plan was to reduce the size of the existing lower-level patio which would then be completely under the deck. Johnson said he is comfortable with the applicants reconfiguring hardcover,particularly when it's outside of the 75-foot and the Average Lakeshore setback. So I'm fine with this application. He added that he wanted it put on the record that it's contingent on that small piece of patio being removed.I think that assuming all this hardcover is lawful,people can re jigger it. I think that's reasonable to allow people to do. Walsh said I like people improving their property and reducing hardcover at the same time.We want to encourage people to improve their property and not have to take away more amenities in their house than they need to. Page 4 of 21