10-15-2001 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY,OCTOBER 15,2001 (#9) #01-2722 MICHAEL AND MONICA BROWN, 1241 BROWN ROAD SOUTH, VARIANCES,7:44 p.m.—8:16 p.m. Michael Brown,Applicant,was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicants are requesting variances to permit construction of a 28' by 24' detached garage to replace an existing garage. The second part of the application is a request for a variance to permit replacement of an existing fence that is six feet in height within the side yard adjacent to street setback where a maximum height fence is allowed to be 3.5 feet. The fence is a privacy fence to the back yard. The fence is located 27 feet from the property line and has existed in its present location for a number of years. Weinberger stated the existing garage has existed as a legal non-conforming structure for a number of years and was built prior to the adoption of the current zoning ordinances. The new two-stall garage is proposed to be located six feet off the south(Minnetonka Avenue)property line. The south property line is defined as a side yard adjacent to street yard requiring a 50-foot setback. The garage doors are facing the street,which also requires a 30-foot setback regardless of zoning district. The garage is also proposed to be located five feet from the rear property line where a ten-foot setback is required. The garage doors would be located 18.5 feet from the paved surface of Minnetonka Avenue. The Applicants currently have a side loading one-stall garage and would like to construct a larger garage. Also on the property is a 40-foot wide gravel parking area located near Minnetonka Avenue. The Applicants have indicated the garage could not be moved further to the north due to a large pine tree being located behind the garage that they would like to keep on the property. Staff has measured the tree and has confirmed it has a trunk diameter of approximately 16 inches and has a 30-foot diameter drip line. The tree is located 12 feet from the back wall of the existing garage. The new garage would not be located any closer to the tree than the existing garage. Weinberger stated two ways to maximize the setback to the street and save the tree would be to reduce the size of the garage or move the garage farther to the north and east between the tree and the house. Weinberger stated the majority of the garages built in the Crystal Bay neighborhood on corner lots have the garage with direct access, including the two lots across the street. One garage is located 12.5 feet from the paved surface of Minnetonka Avenue and the second garage is located 25 feet from the paved surface of the street. The proposed garage would be located 18.5 feet from the paved surface. Thirty feet is the standard. Adequate off-street parking is not always available,with Minnetonka Avenue being a narrow road paved only 15 feet wide. City standards also only allow one curb cut per property with a 20 foot width. The 40 foot wide parking area located east of the existing garage will remain . Weinberger stated the width of the parking area would be narrowed somewhat because the larger garage would encroach into the existing parking surface. Weinberger noted hardcover is not an issue in this application. Weinberger stated the fence is located 27 feet from the property line and approximately 30 feet from the edge of the pavement on Minnetonka Avenue,with the proposed fence remaining in the same location. The fence is designed to provide privacy to the back yard, as the property is a corner lot with a public street on two sides of the lot. PAGE 12