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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, February 13, 2012 <br />7:00 o'clock p.m. <br />(9. #I2 -3540 CHARLES TR UWIT AND PAULA PICARD, 1105 FERNDALE ROAD WEST, <br />Continued) <br />Curtis noted Staff did receive an e -mail today that has been distributed to the Council from an adjacent <br />property owner. <br />McMillan asked where that property owner is, located. <br />Curtis illustrated on the overhead the location of that property. <br />Bremer noted the concern relates to headlights and privacy. <br />Rahn asked as it relates to the 5 -foot setback, what the next level of distance is. Rahn asked if the 5 -foot <br />conflict is only for the last 10 feet. <br />Curtis indicated it is and that it is closer to 12 feet. The lot line was adjusted in the past to reflect a <br />chimney on the adjacent home. Today there is a carport that goes to the property line on the subject <br />property. <br />Rahn asked whether 10 feet is required there or 30 feet. <br />• <br />Curtis indicated it is a 30 -foot setback since it is a two acre zoning district. The proposed home is <br />consistent with the home's current footprint. • <br />Tom Owens, Attorney -at -Law, stated he would like to supplement Staff's review with five additional <br />points. Before the Council tonight is an application seeking these variances because the plans in 2009 had <br />one key oversight; namely, the driveway near the house lacks two features to make the driveway safer and <br />more practically useable. The plans were drawn up in 2008 and modified several times in 2009. Those <br />plans were drawn up for a hypothetical buyer. <br />Owens stated his second point is that the findings made by the City Council in June 2009 all apply to this <br />application with one exception, which is that instead of a slight decrease in hardcover, there is a slight <br />increase from 31.5 percent to 36 percent. <br />The third point is that the only genuine issue before the City Council is whether the hardcover change is <br />reasonable and whether it will alter the essential character of the locality. The applicant urges the City <br />Council to find that the request is reasonable. The subject property is surrounded on three sides by water. <br />The property located at 1101 West Ferndale was granted hardcover of 52.6 percent in 1995 for a <br />replacement residence. <br />In addition, the dwelling and lot nonconformities and parcel configuration are truly unique to this lot, <br />which means that whatever the Council does tonight will not set a harmful legal precedent. It is <br />extremely unlikely that another homeowner will come before the Council and make a similar request. <br />Owens noted the legal landscape has changed recently and the bar for variance approval has been <br />considerably lowered by the MN Legislature. The practical difficulty standard allows the property owner <br />greater latitude. • <br />Page 10 of 22 <br />