03/15/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#5. #04-2988 SEAN AND LEAH DALEY, 605 PARK LANE, AFTER-THE-FACT VARIANCE —Continued) 3. After-the-fact average lakeshore setback variance to encroach 3.5' into the average lakeshore setback with the newly constructed deck. 4. After-the-fact structural coverage variance to allow 21.4% structural coverage where 1,500 s.f. (17 %) is allowed. Hardship: Staff does not find hardships to support the after-the-fact variances. The applicants, Sean and Leah Daly, are the property owners at 605 Park Lane. This property is .2 acres. The applicants are requesting after-the-fact variances in order to allow newly constructed decks to remain, and allow re-construction of a new 2nd story deck. After purchasing the property the applicants removed the existing decks that were rotted, unsafe and not functionally efficient with the layout of the home as they existed. They also removed sidewalk, and installed boulder walls in order to make their property more functional. Not realizing that permits were required, the applicants replaced the decks. The applicants are also requesting to replace a 2nd story deck(36 s.f.) on the lakeside of the property. The existing house is set back 3.2' from the side property line where a 10' setback is required. The deck, which was replaced, encroached equally into the side yard setback. The applicants, in rebuilding the deck, have maintained the setback at 4.2' from the side lot line where 10' is required. The previous owners received variance approval for a garage addition in 1986, which limited the 75'-250' zone to a total of 52.2%hardcover, and the 0-75'zone to 2.5% (see Exhibit J). Since 1986, a shed, decks, driveway, and additional hardcover have been added to the property without City approval. The applicants have removed approximately 142 s.f. of hardcover from the 75'- 250' setback zone, including a paved sidewalk on the north side of the home. When the applicants purchased the property it had a total hardcover level of 61.2%. Permits were not obtained in the reconstruction and removal of the decks, sidewalk, and other hardcover in order to accurately document the square footage removed. Had a permit been applied for by the applicants; the property would have been reviewed and the new, un-permitted, deck and hardcover additions would have been noted and the building permit most likely would not have been granted without bringing the property back to the approved 1986 hardcover levels. Staff has included the Hennepin County Assessor's report (Exhibit D)to illustrate the size and configuration of the decks, which were reconstructed by the applicants. Historically, in reviewing similar applications, staff has consistently applied 0-75' setback zone hardcover overages to the 75'-250' zones. This property currently has 10.17%hardcover in the 0-75' zone where none is allowed. Consequently, the 420 s.f. of hardcover in the 0-75' zone shall be applied to the 75'-250' zone, which brings the hardcover level for the 75'-250' zone from 58.2 % to 67%. Page 11 of 48