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MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 31 (5. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – VARIANCES AND CONDITIONAL USE PERMIT, Continued) what is being proposed. This proposal would be less invasive to the adjacent property than the pre- existing house. Haugan stated as it relates to Exhibit D, the very first page of the document suggests that the property is .22 acres, but the Staff’s report says it is 0.18 acres. Haugan indicated if you assume the worst case the property is 0.18 acre, many of the properties have less lakeshore than this lot. Haugan stated many of the other lots in the area are similar in size in comparison, noting that 4105 Highwood is 0.18 acres and has 47 feet of lakeshore, 4101 Highwood is 0.23 acre and has 53 feet of lakeshore. Haugan noted this lot has 83 feet of lakeshore and that if you look at this from a non-legal, nontechnical standpoint, the lot is fairly normal as compared to some of the other lots in the area. Haugan noted the developer is not here tonight and that he cannot speak to the configuration of the home, but that he has been told if they were to make it any smaller, it would not be viable to sell. Haugan stated he has been told that the building envelope proposal is the smallest envelope they can live with. Haugan noted a sewer lateral and stub was put in for this lot and was paid for by the property owner. As a result of that, it clearly was deemed in the 1970s to be a buildable lot. Haugan stated every lawyer he has spoken to feels that when the City puts in a sewer and it is paid for, it is considered a buildable lot. Haugan stated his client would like to erect a house and that he has downsized to the maximum extent possible to make it work on this lot. As it relates to the trees, Haugan indicated their proposal is not proposing to take down anything in the 0-75 and that most of what would be removed on the rest of the lot is underbrush and buckthorn. Haugan indicated the nice beautiful trees will be preserved and that this lot is 19 feet lower than the next property. Haugan stated in his view the view of the neighbors will not be impacted. In addition, the drainage is a red herring. Haugan stated if the suggestion is not to change the drainage and this lot should serve as a holding pond for the neighboring properties, which is not appropriate. The property owners have a right to develop the property in a reasonable manner. Haugan stated their drainage proposal is not uncommon and that ultimately the water will go into Lake Minnetonka whether anything is changed or not. Haugan stated what they are proposing is modest and in keeping with the character of the neighborhood. Haugan stated there has been discussion about it being an easier road if this were a 10,000 square foot property. Haugan stated he is not aware of any Minnesota Statute that says that is the case but he is aware of the fact that Orono is not the only municipality who thinks this is an important issue. To the extent is there any legal justification for that size, Haugan stated one could easily just vacate four feet of the street, which would not affect the asphalt and would be an easy way to get this lot up to 10,000 feet if that were the inclination of the City. McMillan asked if he is aware of the 1978 resolution and the documentation that the lot has been declared substandard in the past.