09/19/2011 Planning Commission Minutes

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MINUTES OF T� ORONO PLANNING COMMISSION MEETING Monday,September 19,2011 6:30 o'clock p.m. Schoenzeit commented the garage proposal is consistent with the other neighbors' garages. Thiesse stated the distance from the proposed garage to the edge of the bituminous roadway is almost 30 feet and that adding another 15 feet would be too much hardcover in his view. Schoenzeit moved,Theisse seconded,to recommend approval of Application#11-3525,BCD,Inc., on behalf of Steve and Sara Zawoyski,725 Tonkawa Road,granting of lot area and lot width variances,granting of a hardcover variance within the 75-250 foot zone for the garage proposed to be located 15 feet from the lot line,subject to the addition of a bump out area,subject to the existing hardcover that extends past the garage being removed,and subject to any recommendations of the City Engineer. VOTE: Ayes 6,Nays 0. 4. #11-3526 3515 CAPITAL PARTNERS,LCC,ON BEHALF OF KEVIN W.AND MARIE R.LANDBERG,PID NOS. 08-117-23-33-0030; 08-117-23-33-0031; 08-117-23-33-0032; 08-117-23- 33-0033; 08-117-23-33-0034; and 08-117-23-33-0035,PRELIMINARY PLAT,7:05 P.M.—7:45 P.M. Todd Holmers, Capital Partners,was present. Curtis stated the applicant is proposing to combine and plat the existing six individual vacant lots south of 1545 Maple Place into three lots. Each of the existing six lots is 50 feet wide and has 9,000 square feet in area where 21,780 square feet and 100 feet of width is required within the LR-1C zoning district. The applicant is requesting to create three lots with a conforming 100-foot width and 18,000 square feet in area. The remaining 1545 Maple Place lot will be 50 feet in width and 9,000 square feet in area. The remaining 1545 Maple Place lot will be 50 feet in width and 9,000 square feet in area. The properties would be served by public sewer. Lots 1 and 2 would be served by private wells. The Lot 13 portion of Lot 3 was assessed for city water in 1970 but it is unclear whether a water stub was extended to the property. Lot 3 would have the option of constructing a private well or making the connection to city water at their cost. According to City Code, an existing lot of record which meets 80 percent of the area and width requirement and is served by sanitary sewer is considered a buildable lot. If the 80 percent requirement is not met,the lot should be combined with one or more abutting lots in order to create a conforming lot. The individual lots as they exist today do not meet 80 percent of the area and/or width requirements within the LR-1C zoning district. City Code would require the combination of adjacent,abutting lots to create conforming lots. This could be accomplished by the combination o the existing property at 1545 Maple Place with two of the abutting lots (existing Lots 8 and 9)resulting in a new, conforming lot totaling 27,000 square feet where 21,780 square feet is required,as well as the combination of existing Lots 10-13 to create a conforming 36,000 square foot lot. The newly combined lots would exceed the lot area and width requirement but would conform to the City's requirements within City Code Section 78-72. However,because the properties are located within the Shoreland,the provisions of MN Statute 462357 regarding nonconforming Shoreland properties take precedence over the City Code, and in this case the City is not allowed to be more restrictive than the statutes. Each lot must meet 66 percent of the dimensional standards for width and area for the Shoreland classification in Minnesota Rule 6120. Section 6120.3300 establishes a minimum width of 75 feet and Page 8