02/22/2005 Planning Commission Minutes

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MINUTES OF THE • ORONO PLANNING COMMISSION Tuesday,February 22, 2005 6:00 o'clock p.m. (#05-3074 Sean and Melissa Wambold, Continued) Bremer indicated she would be fine with allowing a portion of the wall to remain as long as it was under 168 square feet and it is screened with vegetation. Bremer stated there may be some confusion over the City Engineer's letter since he indicates that the boulder wall is not necessary but that due to the steepness of the wall they should be allowed a set of stairs. Bremer stated in her view it does not appear that this slope would need a stairway in order to access the lake. Bremer stated the Planning Commission typically looks at after-the-fact variances on what they would have allowed prior to the work being completed and that this work would not have been allowed had the proper steps been followed. Bremer indicated it is difficult to tell from the City Engineer's letter whether the steps would be allowed all the way from the residence down to the lake. Curtis stated re-grading the property could result in the necessity for the stairway to be extended somewhat but that it is not necessary for the property to be re-graded back to its original grade. Rahn moved,Kempf seconded,to recommend denial of the after-the-fact hardcover variance and to recommend approval of a conditional use permit in order to re-grade the 0-75' setback zone, with the applicants having the option of choosing whether to retain a portion of the boulder wall, subject to the hardcover in the 0-75' zone not exceeding 168 square feet and further subject to appropriate vegetative screening being provided for the wall, or to construct a stairway down to the lake not to exceed 168 square feet. VOTE: Ayes 4,Nays 1,Leslie opposed. Leslie noted the 168 square feet is a presumption on the part of the applicant and is not what the City Engineer is stating in his letter. 3. #05-3078 GARY AND LYNN CHRISTENSEN,3560 IVY PLACE—VARIANCES, 6:35 P.M.—6:54 P.M. Gary Christensen,Applicant, and Jeff Danbury,Builder, were present. Curtis stated the applicant is requesting an average lakeshore setback variance and a side setback variances in order to replace their existing low-pitched roof with a steeper pitch resulting in a '/z story that will include attic storage space. Curtis noted this residence does not have a basement. The existing residence is currently set back 40 feet from the ordinary high water mark of Lake Minnetonka where a 75-foot setback is required and 8.2 feet from the side lot line to the north where normally a 10 foot setback is required. Staff finds there is a hardship due to the location of the existing home. Staff recommends approval of the request in conjunction with the applicant removing all encroachments onto the neighboring property. Curtis stated there are portions of the deck, sidewalk and existing PAGE 5