02/20/2007 Planning Commission Minutes

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� MINUTES OF THE ORONO PLANNING COMMISSION . � Tuesday,February 20, 2007 � 6:00 o'clock p.m. ' (#07-3262 Alexander Design Group, Continued) 2. A side setback variance to allow a five foot side yard setback where a ten-foot setback is normally required and five feet currently exists; 3. Hardcover variances to allow 17 percent hardcover within the 0-75 foot zone where 0 percent is normally allowed and to allow 32.1 percent within the 75-250 foot zone where 25 percent is normally allowed and 27.3 percent cunently exists; 4. Technically a height variance is required as the lowest level is by definition the first story and the additions make this a three-story house where only 2-1/2 stories are allowed. � The hardcover was calculated not taking into account the 0-75 foot zone on the eastern portion of the property. Based on the presence of the 929.4 OHWL contour elevation found in the wetland and the integral connection between the wetland and Lake Minnetonka, Staff would apply the 75-foot lake setback to this area as well. However, Staff has not adjusted the applicants' submitted hardcover number to reflect this new information. Curtis noted the hardcover numbers listed in the table are incorrect and that the correct hardcover figures are found on page one of the report. Planning Staff recommends the Planning Commission determine whether or not it is reasonable to allow expansion of this residence to increase the magnitude of the existing nonconformities. Some level of setback encroachment and hardcover overage may be reasonable. The height variance to technically make this a three-story home should be carefully considered. Beck stated when they discussed this application with Staff, it was noted that if all of the normal setbacks are taken into consideration,the building area would be very small and would be impossible to deal with,which constitutes a.hardship. Alexander stated it is important to note the small buildable area of the lot and that their proposal does not go closer to the lake. Alexander stated since the basement in the house is only seven feet tall,it does not meet the six foot requirement. � Curtis stated the Uasement definition was just revised by the Council at the last meeting and it does not meet either the old definition or the new definition of a basement and that is why it is being considered a story. Curtis stated it does currently exist as a story and the top story is a half-story. Alexander stated it is more than 50 percent. Alexander stated the basement is not finished area. Curtis stated Staff would look at that level as being defined a story. Alexander inquired whether it would be defined a story even if it is not eight-feet tall. PAGE 20