06/21/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JUNE 21, 2004 6:00 o'clock p.m. (7. #04-3025 Darrell E. and Karin H. Anderson, 925 Old Long Lake Road,Variance, Public Hearing- continued) of their lot, as compared to the lot depth, and that the proposed house is the most efficient use of the property. Curtis stated staff found, with respect to maintaining the nonconforming west side setback and creating a nonconforming east side setback and a nonconforming front setback, there is no hardship to support these variances. A reasonable home can be configured to best maximize the allowed buildable area. The allowed buildable area is 40'x 410'. Additionally, staff felt that as the applicants are rebuilding their home, there is no hardship to allow the three nonconforming accessory buildings to remain in their nonconforming locations. Darrell Anderson, applicant, explained the front yard variance described in the staff report, which they received only two days ago, was a surprise to them as it had not come up at the pre-application review meeting with staff. He indicated that it could be dealt with through re-design. He presented a brief family history of the property, noting that they now are converting from rental property to the house becoming their private residence. Chair Mabusth asked for public comments. There were none. Chair Mabusth opened the discussion to Planning Commissioners. Rahn asked for confirmation of the lot width; Mr. Anderson replied it was 99.5' wide with a proposed building width of 40'. Mr. Anderson explained they intended to re-use the fireplace and chimney, retain the basement well and retain the gravity-flow sewer connection. He emphasized the house orientation had to be parallel to the road due to the east slope. Chair Mabusth asked if engineering data was received for the proposed re-use of the existing foundation. Curtis indicated none was received. Mr. Anderson advised he was a retired Professional Engineer(P.E.), though not a structural engineer, and pointed out the proposed house would be a single story building over the existing foundation. Fritzler commented that with a long, narrow lot and existing building pad, all new construction has to fit within the existing building footprint, and that he was not in favor of going beyond the existing footprint. Kempf concurred with Fritzler. However, he asked the applicants if they had considered new construction that would orient towards the adjacent MnDNR open space. Mr. Anderson responded that such orientation would allow for no backyard space, would require a new driveway with more hardcover. As the house is now oriented, they have the benefit of a nice backyard. Chair Mabusth indicated that she had a difficult time accepting a side setback of 7.9' where 30' is required. Mr. Anderson responded that a fencing placement error years ago resulted in the creating of the 8'side yard,but that they viewed it having no negative neighborhood impact, in fact, it would be a positive impact returning the home to a private residence with an improved structure. Page 13 of 22