05/16/2006 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,May 15,2006 6:00 o'clock p.m. (#06-3196 PAT MCNAUGHTON,CONTINUED) Hill remain in common ownership,with Outlot A providing lake access for Lot l,as well as completing its 2-acre requirement. The Agreement established conditions under which Outlot A could be used. A 1999 amendment to the Agreement allowed for a parking area to be established in Outlot A. The property at 1391 Fox Street has also remained vacant,and its owner,Mr.McNaughton,has concluded that due to having to cross County Road 15,use of the lake access for 1391 Fox is unsafe,impractical, and ultimately not marketable. At some point in time after 1994,Hennepin County combined the two parcels for tax purposes, so they currently exist as one tax parcel. While Lot 1 has not been assessed for sewer, it is in the MUSA and a sewer connection can be made within a reasonable distance to the east on Fox Street. Gaffron noted the applicants have reached an agreement whereby Outlot A of Blue Hill would be combined with 1401 Shoreline,making a more buildable lakeshore lot and leaving 1391 Fox without lake access. The shape of the buildable lot due to the location of County Road 15 is perhaps the most limiting factor in developing this site. Topography also will play a role in determining house location. The driveway access must be to Orono Lane per Hennepin County,which adds length to the driveway and potentially limits house size based on hardcover limits. The applicant has provided a schematic drawing for a - proposed house to illustrate the potential limitations for building on this site. The applicant suggests that a 20-foot east side setback for the attached garage in this scheme would fit the site better than if the standard 30-foot setback is required. . Gaffron indicated the shape and topography of the lot may present some limitations or challenges in terms of house footprint size and shape,orientation and height of house and garage. However, Staff believes that an architect could come up with a number of house plans for this site that could meet the required setbacks,height,and hardcover standards. The stxuctural coverage allotment is more than adequate for a substantial footprint. Gaffron stated there is no adjacent developed lot to the immediate west and as a result average setback would be most appropriately determined by the setback from the lake of the only existing adjacent home. The home to the east is located approximately 140 feet from the shoreline. Staff would therefore recommend that an average setback variance be granted as part of this lot line rearrangement approval, allowing an average setback line to be established from the southwest corner of the neighboring home to the shoreline at the southwest comer of applicant's property. City ordinances do not allow the use of an outlot for building purposes, so the proposed combining of Lot 1,Block 2,Dragonfly Hill and Outlot A,Blue Hill,will require that the property be platted. Further,the provisions of the Special Lot Combination include a clause stating that the terms and conditions can be modified only in conjunction with a subdivision in accordance with the platting code. Gaffron noted the 1994 Special Lot Combination Agreement and its 1999 amendment would be formally extinguished as part of this proposal. The original agreement limited use of the Outlot to a dock, a lockbox, and a stairway/boat lift/boat landing, and disallowed parking on the site. The amendment later allowed a limited parking area to be established. PAGE 14