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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 24 of 37 (10. #13-3614 FRED JOHNSON ON BEHALF OF PATRICIA L. PFEFFER, 1565 ORCHARD BEACH PLACE – VARIANCES, Continued) Gaffron stated according to the City Attorney, there is no question that the applicant cannot meet the average lakeshore setback and the City is not obligated to allow this property to be buildable. The summer home that was on the property burned down approximately 60 or 70 years ago. There was a garage or accessory building removed in 1980. The parcel has historically been assessed at a value significantly below that of a buildable site. Gaffron noted the assessor has informed him that the lot has been valued significantly lower than other buildable properties of the same size. Gaffron noted the property was formally denied a variance in approximately 1978. There have been previous requests for building permits that have been informally denied. The original plat designation as “Commons” suggests that this site was originally platted as a neighborhood amenity rather than as an individual building site. Gaffron indicated he is not sure what the commons designation really meant back then but that typically today commons property is owned by an association for the benefit of the association and not just an individual. Gaffron stated given the character of the surrounding neighborhood, this property at .22 acres is one-fifth the size of other residential lots within the immediate neighborhood. The majority of the houses in the neighborhood are also set back 150 feet. This house would be an anomaly and the proposal would place the structure closer to the street than any other home on Orchard Beach Place. In addition, nearly all vegetation will likely be removed as part of the building process, which potentially will alter the visual character of the neighborhood. In order to perform the necessary grading, the applicant will need to remove approximately 75 percent of the vegetation on the site and that it is doubtful whether the applicant can save the trees. The grading on the site will result in a significant impact to existing protected trees and any development on this lot will be in conflict with any number of goals contained in Orono’s Community Management Plan. The Planning Commission held a public hearing and the neighboring property owners have expressed concern with the proposal. The Planning Commission voted 6-0 to deny the application. Staff is recommending denial and is looking for direction to draft a resolution reflecting the Council’s action. Paul Larson, Applicant, stated he is a real estate developer and that he has worked in Orono in the past. Larson commented this is a tough property to develop, but under Minnesota Statutes, the practical difficulty statute, which is 462.357, clearly states that the board of appeals and adjustments have the power with respect to the zoning ordinances to hear and decide appeals where it is alleged that there is any error in any order, requirement, decision or determination made by an administrative officer in the enforcement of zoning ordinances. The statute also clearly states that variances may be granted when the application establishes that there are several practical difficulties in complying with the zoning ordinance. Larson noted the ordinance regarding line of sight is impossible to meet on this lot. Larson stated to his knowledge Tonkawood and Shorewood do not have that ordinance. The whole lot is outside of the line of sight, so it is impossible to meet, which creates a practical difficulty. Item #02 - CC Agenda - 08/26/2013 Approval of Council Minutes 08/12/2013 [Page 24 of 37]