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 Mayor Peterson asked Barrett about the hardship. He replied that many lots with wetlands could claim hardship based on the precedent of the shape of their available buildable land based on the precedent of this application. There is also adequate space on the lot to build a house without the variance. He therefore was against it. Gaffron stated he agreed with Barrett. The goal was to protect the bluff over the lake and meet the setback issue. The City has been consistently denying hardcover variances for new construction for several years. Lot shape was not compelling as the only hardship. The architect stated that the Killians could remodel the current house, keeping a significant amount of hardcover in the 0 -75' zone, and the current plan would be more conscientious. JoEllen Hurr stated that Shane and Missy Grude were approved for 65.6% hardcover in the 75 -250' zone for a remodel on April 14, 2003 at 1270 Spruce Place. Gaffron replied that the Planning Commission struggles with the issue of fairness, but rebuilds are held to a higher standard than remodels. The architect stated that the proposed house would be tucked back into the trees, further increasing percolation of water runoff —a vast improvement. is White stated that he agreed the plan was an improvement, but that he couldn't grant the variance because of the precedent it would set. The builder stated the lot shape was a unique hardship. White responded it was not enough of a hardship, like the wetland areas where buildable land is reduced. Gary Peterson of Coldwell Banker in Wayzata stated that he was familiar with an application that was granted a hardcover variance for 30% in the 75 -250' zone for a 1 -%2 acre site with 140' of lakeshore in 1999 or 2000. Gaffron stated that he did not remember the application. White stated he also did not remember any such cases. Gaffron stated the City had adopted a stricter approach three or four years ago, with the Bachman application. Nygard stated he liked the application and had no problem with it. The builder stated he had worked to reduce hardcover already by stacking the garage, shortening the driveway, and reducing the square footage of the house. He stated he had already worked with staff several times to find the best design. is JoEllen Hurr stated the applicant would like to table the application. 7