03-19-2012 Planning Commission Packet

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PC Exhibit C� ; Description of Request 790 N. Brown Road We are requesting approval for a reasonable building footprint on PID 34-118-23-11-003 (the "Lot) adjacent to our primary residence. The Lot was created in its current form in 1969 as part of a single-family home subdivision and has been assessed and taxed at a rate equivalent to buildable vacant lakeshore for more than forty years (see Exhibit A). It is a uniquely shaped property on Long Lake with hills, wetlands and lakeshore. A combination of new regulations since the Lot boundaries were established, some of which only marginally apply, has made the buildable footprint extremely small and impractical to support the intended and approved use. This creates a hardship consistent the Minnesota State Statute 462.357. We are seeking approval of a variance request that meets the objectives of these new regulations, while providing reasonable allowances for the unique circumstances to meet the intended and approved use of the Lot. The proposed footprint and structure are modest in size 'r 4approx. 1,600 sf main level, plus garage), consistent with the character of the neighborhood and accommodate as well as possible the numerous new regulatory restrictions on this Lot. The Lot is technically"buildable" despite current regulations and would not absolutely require a variance. Being forced to build an extremely small, shallow, tall, odd and irregular house(s) within this extremely narrow and irregular footprint, however, would substantially alter the essential character of the locality and negatively impact adjacent landowners. The Lot and the relating subdivision was submitted and unanimously approved by the Village of Orono Planning Commission on October 20, 1969. It was subsequently submitted and unanimously approved by the Village of Orono Village Council on November 25, 1969. At the time it was approved, the lot was in complete compliance with�the Municipal Code of Orono adopted on January 1, 1968. The tot was a 2+ acre parcel developed for the sole purpose of supporting a single-family home. The lone restrictions at the time were 30' side and 50' front/back setbacks. Since its approval, the Lot has become subject to expanded Shoreland Setback restrictions, Bluff Setback restrictions, Bluff Impact Zone restrictions and Average Lakeshore Setback restrictions. Since we acquired the property in 2002, this Lot has been categorized at "vacant-land lakeshore" and taxed at a value that clearly implies an expectation for the placement of a residential home on the property. Although the estimated market value for taxing purposes has declined from a peak of $720,000 in 2007-08, the property continues to be taxed at a market value of$585,000. In fact, today we received a notice from the City of Orono at 2750 Kelley Parkway informing us that the 2013 estimated market value for taxing purposes will continue to be $585,000.