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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> � Monday,June 18,2012 <br /> 6:30 o'clock p.m. <br /> house,he was given one week's time to do research on the property. Fehresti stated the first time he met <br /> Mike Dougherty he said,do you know this land is not buildable. Fehresti stated he did speak with <br /> someone at the City, asked if the land is buildable,and was told it was. <br /> Fehresti stated no parts of his plan affect the neighboring properties. Fehresti asked whether he has the <br /> right to construct a house further back without an average lakeshore setback variance. <br /> Gaffron indicated that property,except for the fact that it is 95 feet in width at the shoreline,would be <br /> buildable under the current statutes. There is a building envelope on the property that is bounded by the � <br /> 30-foot side setbacks,the average lakeshore setback line, and the 20-foot setback line,which results in a <br /> 10,000 square foot building area. Gaffron stated he does not think there is any way the City could deny <br /> buildability of the lot as long as the setbacks are met. Gaffron indicated he is not an attorney,but that he <br /> believes the City would not have the ability to deny buildability to that property. Gaffron stated 20 years <br /> ago,when there was no sewer in the neighborhood,there were huge issues and the City would have <br /> required that these two properties be combined or held in common ownership. Gaffron indicated in his <br /> view the applicant does have the right to construct on the property and the City can grant a lot area and lot <br /> width variance. <br /> Fehresti noted there are a number of big houses on Lake Minnetonka and that their proposed house is less <br /> than the average home on the lake. Fehresti stated 6,000 square feet is not a big project and that if he <br /> pushes the house further back, it will affect the view of that house more. Fehresti stated he is willing to <br /> cut down some of the trees to provide a better view of the lake for his neighbors. <br /> Acting Chair Leskinen closed the public hearing at 8:18 p.m. <br /> Levang asked Planner Gaffron to clarify the buildability of the property. <br /> Gaffron stated there is clearly a buildable envelope on the property and that it is defined by the yellow <br /> boundary depicted on the overhead. Gaffron noted a house in that area would comply with all of the <br /> setbacks. There is approximately 9,000 square feet available within that trapezoid area where you could <br /> construct a house. Section 78-72 (b)(2)says, "In R districts of greater than one acre and served by public <br /> sanitary swer. A lot of record in any R district in the city in excess of one acre which does not meet the <br /> requirements of this chapter as to area or width only may be utilized for single-family detached dwelling <br /> purposes by administrative approval if the planning director finds that the following conditions are met: <br /> (a) It is at least one acre in size, and the average width of the lot is at least 100 feet; (b) it is served by <br /> public sanitary sewer; and(c) it otherwise meets the requirements of this chapter or other applicable Code <br /> provisions." Gaffron indicated because it does not meet some of the other requirements of this chapter, <br /> such as the 200-foot standard, it cannot be approved administratively. <br /> Gaffron stated in his opinion the City would not win in court if the applicant challenged the buildability <br /> of the lot. Gaffron stated the lot is in excess of one acre,has a connection to sewer available, and is able <br /> to meet the City's hardcover regulations. As a result,it would be considered a buildable lot by state <br /> statute. . <br /> Levang stated the issue in this case is the average setback variance. <br /> Landgraver stated the question is if the lake view is impacted for the property at 1920 Shoreline and <br /> whether there is any way to mitigate that. <br /> Page <br /> 16 <br />