05-12-2003 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, MAY 12, 2003 8. #03 -2886 Dr. Dennis & Diane Killian, 1300 Spruce Place — Variances — Continued • 4. Erosion control should be installed, inspected and approved prior to any work on the site, and 5. No additional hardcover for landing, patios, etc. will be permitted beyond what is proposed in the plan. Chaput stated that staff recommended approving the lot area, hardcover in the 0 -75' setback zone, grading within 75' of the OHWL, and filling in a bluff impact zone with the conditions noted. Staff could not recommend the requested hardcover in the 75 -250' setback zone exceeding 25 %, since it is the City's policy that new construction meet this standard. JoEllen Hurr stated that she felt the Planning Commission was in favor of the variance. The Planning Commission stated that the hardship was the shape of the lot, because it is triangular with a small area in the 75 -250' setback zone. The neighbors had attended the Planning Commission meeting in favor of the application, and though not present, JoAnn stated they wanted Council to know they supported the Killians. The Killian's architect presented slides to Council and argued that the properties along Lake Minnetonka tend to be rectangular with 50' of lakeshore, where the Killian's lot is triangular. He was trying to work sensitively with the land. The current house is mostly • within the 0 -75' setback zone and within the bluff impact zone. The lot has a bluff on the lakeside of the lot, causing water to run down without much filtering, increasing erosion on the hillside and drainage into the lake. They proposed to move the house back, entirely within the 75 – 250' setback zone, increasing the distance between the house and the lake. They will also be decreasing the driveway to reduce hardcover. He stated that if the lot were the same size, but a rectangular shape, they would not have need for a variance, but the narrowing at the street side of the lot creates the hardcover issue. The architect stated that according to code, a hardship must be unique to the land, and strict enforcement must be unfair to the owner, and a variance must be in line with the Comprehensive Plan. He stated that the lot is similar to others in the neighborhood in terms of land size, but not shape, making it unique. Granting the hardcover variance would not alter the character of the property. Cost was not a factor in the applicants seeking the variance, as new construction would cost more than a remodel. The hardship, lot shape, applies specifically to the Killian's lot, and is not a general characteristic of the area. Granting the variance would not be contrary to the Comprehensive Plan since they would be reducing hardcover in the 0 -75' zone. The variance would alleviate the hardship. He stated that the Planning Commission agreed with the hardship, though staff did not. C 2