10-15-2007 Planning Commission Packet

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. • . � . � ' . � . � i � �� . � REQUEST FOR COUNCIL ACTION � � � - Date: July 19,2007 � 1 Item No. � - . `Department ApprovaL• Administrator Approval: Agenda Section: Name: Melanie Curtis � n/ � .. - = � . Title: City Planner �V 4C-/ ' ' - - Item Description: II #OS-3143—Daniel Hessburg—774 Tonkawa'Road � ' � � Zoning District: LR= 1B, One Family Lakeshore Residential District(1 acre min.) Lot Area: 0.36 acres(15,659 s.f) Lot Width: 74' @ shoreline; 61'.�@ 75' setback(140' required) . �List of Exhibits: � ' Exhibit A- Revised"As-Built"Survey dated 4/2/07 - . Exhibit B - Resolution No. 5377&Approved Grading Plan Exhibit C - Engineer Comments �� . � Exhibit D - Council &PC Minutes . � Exhibit E- Photos � � Exhibit F- Letter from Bruce Vang,Building Inspector, dated January 5, 2007 � Exhibit G- Neighbor comments � . . . In 2005, the applicant submitted plans and'worked through the variance review process, revising plans in response to Planning Commission concerns.� Based on a specifc set of building plans and site plan which Planning Commission and Council found acceptable, lot area and lot width variances for a house were granted � in addition��to a hardcover variance within°the 75'-250' zone permitting 27.2% hardcover where 25% is normally allowed and within the 250'—500' zone to allow f459 s.f. or 45%where 30% is normally allowed for the new residence. i � . � i During the inspection process, Bruce Vang, Orono's building inspector noted that the site grading and � hardcover did not match the approved grading�plan and the hardcover exceeded approved levels. Additionally the applicant conducted grading within the 0-75' zone to construct an unpermitted lake access stair. , Today's as-built plan reflects excesses in hard over within the 0-75', 75' -250', and 250';-500' zones. Within the 0-75' zone where an allowed, existing wooden staircase (270 s.f. of allowed hardcover) previously existed there is 360 s.f. or 6.8%hardcover and an uncalculated amount of earth movement. Within the 75'—250' zone there is 2,857 s.f.or 30.3%hardcover where 2,563 s.f. or 27.2%was permitted. Additionally, there is a wooden fence, constructed by the applicant, which exists along the northern, side lot line. This fence meanders across the properly line. The City Code allows cons �truction of privacy fences without a permit. However in addition to the other fence construction standards a fence must�be constructed on one properiy and may not cross onto another. � i The applicant altered the approved grading plan by conducting unpermitted grading, installing unpermitted boulder reta.ining walls and installing an unperinitted underground, drain-tile system. The City's Engineer has reviewed the plans submitted by the applicant's landscape contractor regarding the drain-tile system and those � comments are attached as Exhibit C. ; � � i �