01/20/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 20, 2004 6:00 o'clock p.m. (#13) #04-2973 MINNETONKA CUSTOM HOMES INC., 4753 NORTH SHORE DRIVE,AFTER-THE-FACT VARIANCE AND CONDITIONAL USE PERMIT (9:04-9:35 P.M.) Steve Saxton, of Minnetonka Custom Homes, was present. Gundlach stated that the applicant requests the following in conjunction with a previously approved project: 1. After-the-fact variance to allow 49%hardcover in the 75-250' zone when 44%was previously approved and 25%is normally allowed. 2. Conditional use permit to allow retaining walls to be constructed within 5' of the property line. Gundlach explained that the applicants received a number of variances in April of 2003 in order to construct a new residence on the property located at 4753 North Shore Drive. Hardcover variances were received for the 0-75' and 75-250' zones of 9.34% and 44.85% respectively. During the building permit approval process it was concluded that the City Engineer needed to review the grading plan and that to result in proper drainage on the property the site plan and grading plan required minor revisions. The changes included raising the house approximately 2 feet and installing gutters directing all the water to the driveway and into the right-of-way of North Shore Drive. Also, approved was a short retaining wall on the west side of the home to allow for a side entrance. Following construction of the home and prior to a final inspection, the City's Building Inspector noticed a number of retaining walls were constructed in the 75-250' zone in an effort to control the drainage on the property. Also, repair of an existing wall at the top of the bluff and a second wall at the top of the bluff were also constructed all of which were not approved with either the building permit plan or the plan approved in April of 2003 by the Planning Commission and City Council. Staff informed the applicants that this work was not approved, that the walls should be removed, and that the approved grading plan should be followed or an after-the-fact hardcover variance to allow 49.2%hardcover when 44.85% was originally approved would be required if the walls were to remain. A conditional use permit is also required in order to allow retaining walls within 5' of the property boundary. Gundlach pointed out that, at the time of building permit review, the applicants proposed less hardcover in the 75-250' zone than was approved by the original plan. This occurred because the applicants went from a footprint of 1,500 s.f. to 1,451 s.f. and a smaller driveway/walk (525 s.f. to 481 s.f.). At the time, the applicants were also approved to construct a retaining wall on the west side of the home in order to construct a side entrance, which added 8 s.fl of hardcover,bringing the total hardcover to 44% (when 44.85%was approved by the Planning Commission and City Council). PAGE 27 of 53