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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 9, 2014 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />Page 10 of 22  <br />  <br />8. #14-3664 DAVID SCHMID AND ANGELA CILIBERTO – 3309 CRYSTAL BAY ROAD – <br />VARIANCES AND CONDITIONAL USE PERMIT – RESOLUTION NO. 6407 <br /> <br />Gaffron stated this property is located on Crystal Bay Road, which is a prescriptive road in that it is not <br />platted. The property is accessed from a roadway or a driveway system that is within the Hennepin <br />County Railroad Authority’s right-of-way. The driveway serves six to eight homes to the east of this <br />property. In addition, the survey shows that the existing house is located into the Hennepin County | <br />right-of-way. <br /> <br />Gaffron stated the applicants are requesting variances in order to construct a new residence on the <br />property 1.7 feet from the rear lot line where a 30-foot setback is required. Normally Hennepin County <br />and Staff would prefer to see a greater setback, but seeing how the current house is located within the <br />right-of-way, Staff is not opposed to the setback. As a result of the house being relocated, the applicants <br />are proposing a setback of 57 feet from the OHWL where a 75-foot setback is required. <br /> <br />Gaffron noted on addition, a hardcover variance is being requested to permit 36.57 percent hardcover <br />where 25 percent is normally allowed. A conditional use permit is also requested in order to conduct <br />grading which exceeds ten cubic yards within 75 feet of the OHWL and retaining walls in conjunction <br />with removal of the existing home and an existing garage and construction of the new home. Lot area and <br />width variances are also required because the proposed use of the existing lot of record will not meet the <br />25 percent hardcover limitation and will not meet the required LR-1C and Shoreland setback standards. <br /> <br />Gaffron noted on the north end of the house, there is an existing garage that is partially underground and <br />the applicants are proposing that be removed and retain part of the garage area and part of the existing <br />apron as a spotting area, which will require some retaining walls along the east and west sides of that <br />parking area. Those retaining walls are fairly close to the neighboring property but it does provide some <br />parking space off of Crystal Bay Road, which has limited on-street parking. The applicants are proposing <br />10-foot setbacks on either side. <br /> <br />Gaffron displayed photographs of the property and pointed out the location of the existing underground <br />garage and an existing retaining wall. Staff has concluded that the retaining wall is necessary from an <br />engineering standpoint. Gaffron noted there is also an existing drainage situation and the applicants will <br />lift the elevation of the new house by a foot to a foot and a half to help alleviate that run-off. <br /> <br />Gaffron noted at its May meeting, the Planning Commission recommended approval of a vote of 7-0 <br />subject to Staff recommendations and the following conditions: <br /> <br />1. The shed must be relocated to a conforming location within the property or the shed must be <br /> removed but the attached garage may be increased in dimension to gain an amount of interior <br /> space equivalent to the removed shed. Expansion of the garage may not encroach closer than ten <br /> feet to the east side lot line if expanded eastward, nor closer than the proposed 1.7 feet to the rear <br /> lot line. <br /> <br />2. The mature oak next to the underground garage is anticipated to be disturbed by the proposed <br /> construction and plans to replace it should be included in the revised plans. The mature tree on <br /> the other side of the garage is proposed to remain. <br />