05-22-2006 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 22, 2006 7:00 o'clock p.m. (7.#06-3189 TERRYAND SUZANNE JOHNSON, 543 PARK LANE, Continued) the road and reducing the deck; also a reduction in the total hardcover in the 75 -250' from 54.9% to 53.9 %. He indicated that the applicant had also been working with the Minnesota Department of Health in order to relocate a well on their property in which the only option appears to be the street side of the home though challenges from setbacks, public and private sewer lines, structures, and overhead power lines pose additional problems. Gaffron noted that the applicants were still requesting a hardcover variance for 47% in the 75 -250' zone, a side setback variance to allow a 5.3' setback, an average lakeshore setback variance, as well as lot area and width variances to build their new home. Gaffron pointed out that the planning staff continued to recommend denial of the average Lakeshore setback variance and side yard setback variances and indicated that the applicant was requesting further direction from the City Council. Sansevere asked whether staff was willing to support the application, since there appeared to be no way to move the house back due to the well on the site. Gaffron stated that staff believed the house design could accommodate the well placement. Sansevere asked if the applicant had confirmation from the state on their position with regard to the placement and setbacks. [I Mr. Johnson stated that the inspector had visited the site several times and that the Codes support • what he said, though he was not willing to put the State recommendation in writing at this point. Murphy encouraged the applicant to work with staff to redesign and get the state recommendation in writing so that the City knows the exact variables. White stated that he found there to be a true hardship and suggested the applicant take another look at the design with staff. He noted that a three car garage would not be a bad idea. Mr. Johnson stated that he had been working with staff members since 2001 on various designs, some of which had been granted approval until the need for the new well arose. McMillan concurred, stating that this appears to be a very challenging lot to work with containing many constraints; therefore, there was little margin for error and encouraged the applicant to meet with staff once again. She questioned whether the state would consider granting a variance to the sewer lines. Gaffron pointed out that one option might be for the applicant to push the house in by 5' or move it towards the lake 5'. White asked fellow Council members what they considered more important, the side yard setback or the average lakeshore setback. McMillan found the side yard more important due to safety access by emergency vehicles etc. and could see some hardship to support an encroachment into the average lakeshore setback. PAGE 6 of 9