08/16/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING • Monday,August 16, 2004 6:00 o'clock p.m. (#04-3010 Theodore Capra, continued) Capra stated in order to have an underground garage area he would need to construct a retaining wall, which would actually raise the amount of hardcover. Capra indicated he would like to go before the City Council. Gundlach recommended the Planning Commission table the conditional use permit in the event the applicant wishes to do the grading within 75' feet of the lake in the future. Gundlach stated that application can be withdrawn if the applicant does not decide to proceed forward. Leslie moved,Kempf seconded,to recommend denial of the hardcover variance and to table the conditional use permit to allow land alterations within the 0-75' zone for the property located at 3534 Ivy Place. VOTE: Ayes 6,Nays 0. #5. #04-3037 WAYZATA COUNTRY CLUB,430 OLD LONG LAKE ROAD— VARIANCE,(6:29—6:44 p.m.) Bob Driscoll appeared on behalf of the Wayzata Country Club. Gundlach stated the applicant is requesting to amend their conditional use permit to include a setback variance in order to construct an addition to the existing maintenance building located just north of the Luce Line Trail. The request also includes a variance to allow a single building to be larger than 3000 square feet. The country club is located within the RR-1B one-family rural residential district and that all accessory structures shall be located a minimum of 50 feet from any lot line. The existing maintenance building is located 45 feet from the Luce Line where 50 feet is normally required. Gundlach noted the existing accessory structure was approved through the conditional use process, with a 55-foot setback being shown on the plans. However,the building was not constructed in the location depicted on the plans and is thus causing the need for a variance for the addition. The applicant has proposed to construct an 18'by 60' addition to the eastern side of the existing maintenance building,which would have a setback of 41 feet from the Luce Line Trail boundary. Gundlach stated Staff finds no hardship exists inherent to the land to support approval of the Luce Line setback variance. The addition could be shifted north to meet the setback or the addition could be reduced in size. Gundlach stated because the structure is nonconforming, the City is under no obligation to permit any expansion at all. Gundlach indicated the Luce Line Trail property is owned and operated by the DNR,who has no formal setback requirements. The DNR was notified of this request and no comments have been received to date. Staff is recommending denial of the Luce Line setback variance to allow an accessory building to be constructed within 50 feet of the Luce Line boundary. Staff does recommend approval of the PAGE 6