07-17-2006 Planning Commission Packet

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. . . . . � . . � . . � � . . . .. . . .. 1 . . � � . .' ' � . . . � . . � . " . . . . � . , . � � ��y . � . �i ° #06-3180 2285 French Creek Circle - � � � ` � � July 13,2006 ; - - . - , Page 2 . . .. _ , � Background: French Lake 150' Setback � � � The plat of French Creek was approved in 1985 as a Planned Residential Development (PRD) ; , which allowed the lots to be smaller than 2.0 acres, with setback requirements of 35' front and rear, 25' sides. The existing home on applicant's property was constructed in 1988, at a time : when French Lake was considered for code administrative purposes as merely a wetland, requiring only a 26' wetland setback for structures. The existing home was constructed to be significantly more than 26' from the apparent wetland boundary at that tixne and meeting all other City requirements. In 1991 the Minnesota Wetland Conservation Act came into effect, establishing delineation methods and development regulations with regards to wetlands.�In 1992 Orono adopted its Shoreland Ordinance pursuant to requirements of the MnDNR, which henceforth defined French � Lake as a Natural Environment ("NE") Lake, requiring a 1 SO' setback for structures from the OHWL. The OHWL was designated as elevation 930.0' after a study of the French Lake basin `by DNR officials. The City Council in 1992 fully recognized that a number of existing homes would become non- confornung as�a result of the designation of French Lake as "NE". The Council has since then granted a number of variances for additions to existing nonconforming residences around French Lake, the outcome dependent on the merits of each ind.ividual application. , Review of Proposed Addition The existing residence is a 2-level walkout, approximately 35' x 80' with a 3-stall atta.ched garage. The original building plans indicated 4 bedrooms plus a nursery with closet that could act as a fifth bedroom. Applicants propose a 3-level, 32' x 44' addition to the west (left) end of the existing residence, extentiing the length of the house as viewed from the north and south. The addition will consist of a basement area including a spa room with full bath, recreation room, wine room, wet bar, storage, and a half-bath; a main level with three garage stalls, storage and workshop; and an upper level with exercise/hobby room, men's and women's full bathrooms, a theater room, a sitting room, and a kitchenette. The length of the house will expand � from about 90' to about 135'. Virtually the entire addition will be less than 150' from the OHWL. Visually, it will expand the vuidth and mass of the home as viewed from across French Lake. It will add structure in an area where the intent of the City ordinance is to not have structure. Additionally, the northerly half of the addition will encroach past the average lakeshore setback (assuming these are lakeshore lots even though they don't touch the shoreline, by virtue of their . abutting a commons outlot that encompasses the lake&wetland).