01/17/2006 Planning Commission Minutes

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 17,2006 6:00 o'clock p.m. (#06-3171 JOHN AND JOAN BROOKS, CONTINUED) Municipal Code Section 18-2 regarding obstructions within the right-of-way and to the provisions of Minnesota Statutes regarding reconstruction of nonconformities. The applicants are proposing to cosmetically upgrade the existing old garage/shed structure at the base of the slope west of the house to make it more useful recreationally. The shed has existed for many decades and is considered as legally nonconforming and is set back 50 feet from the shoreline. The proposed upgrades are primarily non-structural and do not increase the height of bulk of structure and require no special approvals. However, the applicants also propose to add a toilet, lavatory and sink to the building. Installation of the toilet requires a conditional use permit. Staff has no specific issues with the toilet installation; although it should be noted that the building does not meet condition 17(d)in that it is not conforming in location. However, it is a legally nonconforming building and cannot be relocated to serve its intended purpose and still be conforming within the lower west yard, since all locations in that yard are less than 75 feet from some portion of the shoreline. Conditional use permit approval should be subject to the standard conditions for approval as noted above. In addition,the applicant is proposing to remove an old detached 16' by 16' deck near the lakeshore south of the accessory building and replace it nearer the building and further from the shoreline. The existing deck is 11 feet from the shoreline and the proposed replacement deck will be 33 feet from the shore. The old deck appears on old air photos, as does a stairway leading up to the main house,which sits on a plateau 20-25' above the lake. The reconstructed stairway is also proposed to include appropriate landings, and it will be relocated further from the shore but still within the 0-75' setback zone. The stairway as proposed is an allowed encroachment within the 0-75' zone and is required to provide reasonable access to the lower level and lakeshore. Gaffron stated overall the hardcover on the site would be reduced by 64 square feet in the 0-75' zone, a reduction from 10.22 percent to 10.16 percent. The only prior zoning activity on this property involved reconstruction of the main house in 1984, for which lake setback and hardcover variances were granted, and a guest apartment conditional use permit at that time for replacement of a prior such apartment above the attached garage. Gaffron noted that variance application was completed at a time when the City did not require applicants to provide detailed hardcover calculations, and the 0-75' hardcover was estimated by Staff at 7 to 8 percent and 27 percent in the 75'-250' zone. Staff finds that the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood due to its size and remote location from any other properties. Staff further finds that the plumbing fixtures proposed include a toilet, lavatory and sink, which is in keeping with the intent of the ordinance. The accessory building is conforming in size and height,but is legally nonconforming in location. However, it is a pre-existing building that is not being structurally altered. In addition, the property owner must agree to the filing of a covenant in the title of the property providing that the accessory building will not be, one,used for a home occupation unless specifically approved by the city or if allowed by city code; two,used as a dwelling unless a guest house conditional use permit is obtained; three,rented, leased or otherwise provided for use as a dwelling under any circumstances. The applicant should understand the covenant and agree to execute the covenant as part of this approval. PAGE 26