06-09-2003 Council Minutes - Laserfiche WebLink

Home Browse Search

ORONO CITY COUNCIL MEETING MONDAY, JUNE 9, 2003 is 6. #03 -2885 Gerda and Ed Toth, 1280 11290 Spruce Place — Variances — Resolution No. 4991 — Continued enjoyment of a substantial property right of the applicant. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or any other respect contrary to the zoning code and will not serve merely as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Gaffron stated that there is no hardship unless Council determines that a 2,050 s.f. footprint is unreasonable. Ed Toth stated that with a vote of 7 -0, the Planning Commission had asked them to redesign their house at 25 -30% hardcover, and they did so in good faith. He was surprised and disappointed that they went back on that. Mayor Peterson stated that the Planning Commission is an advisory board, and that the Council tries to be consistent with the 25% hardcover on new construction. Mabusth stated that she knew they would deny the hardcover variance at the second meeting because the Toth's hardcover was up to the limit, and new owners always come back asking for more. She stated that the Commission realized they had been inconsistent in their first request. Since it was two combined lots and new construction, they recommended the applicant reduce to 25 %. • Toth stated that as a homeowner, he resented being told what kind and size home he could put on his property. C. White moved, and Murphy seconded, to adopt Resolution No. 4991 granting variances to Municipal Zoning Code Section 10.24, Subdivision 5(B); Section 10.22, Subdivision 2; Section 10.56, Subdivision 16(L)(1); Section 10.56, Subdivision 16(J)(2) to permit construction of a new residence on property with a lot area of 18,553 s.f. (0.43 acre) where 43,560 s.f. (1 acre) is required; a lot width of 99' at the OHWL and the 75' setback from the OHWL where 140' is required; 111 s.f. (1.47 %) hardcover within the 0 -75' lakeshore setback zone where none is permitted; and grading and filling within 75' of the OHWL of Lake Minnetonka where no grading nor filling is permitted; and hereby denies a variance to Section 10.22, Subdivision 2; Section 10.56, Subdivision 16(L)(2) for 3,303 s.f. (30 %) hardcover within the 75 -250' lakeshore setback zone where only 2,753 s.f. (25 %) is permitted. Vote: Ayes 4, Nays 0. 7