03-23-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 23, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 18 (5. #14-3690 FRED JOHNSON (CD PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE continued) Gaffron noted in Staff’s report there is some discussion about the acreage numbers that were reported at the last meeting, which has to do with 0.18 acres versus 0.22 acre. Gaffron indicated that for consistency the same source of data - Hennepin tax records - was used for all of the lots along the shoreline to make sure that Staff treats it consistently and fairly based on the data used. Staff is suggesting that the development of this property with a single-family residence would have negative impacts on the character of the neighborhood, negative environmental impacts, and would not be in keeping with the intent of the Comprehensive Plan. Staff continues to recommend denial of the lot area and width variances, the side street and rear setback variance, the average lakeshore setback variance, and a conditional use permit and variance for grading, excavation and fill within the 0-75 foot zone. Gaffron stated if the Council chooses to grant certain variances to allow for some limited level of development on the property, Staff would request clear direction establishing parameters for that development. Gaffron displayed a sketch of the property and noted the rear of the proposed house would be located 12.8 feet from the rear lot line. The City Council had no questions for Staff. Todd Haugan, Attorney-at-Law on behalf of the applicants, stated the only thing that is new is the color rendering, which shows that the house they are proposing to construct on the property is not going to significantly alter the ability of the neighbors to see the lake. Haugan noted there are 85-foot trees on the lot that are clearly higher than the building they are proposing. Haugan stated the Council took their request under advisement before. Haugan stated it is a lot that had a house until 1973 or something like that. The house was dilapidated and torn down at that time. There was also a garage on the property. Haugan stated they are asking for the variances, the most prominent of which is the sight line variance, which requires a 140-foot setback. Haugan noted the lot is only 100 feet deep and is roughly 10,000 square feet. Haugan stated if the Council does not grant the variances so this modest house can be built, they will be rendering the property absolutely useless for anything, which means, in effect, that the City has taken it. Haugan stated they either want the permit to be issued by the City or have the City purchase the lot. Haugan noted they will take this matter to court and the court will either grant the variances or make the City purchase the property. Haugan stated they would like to construct a modest house and that in his view it fits in the neighborhood, there was a house there at one time, and if not granted, they would request the City purchase the lot. McMillan noted the City has received some letters opposing the project from some of the neighbors. Council Member Printup noted the last two times this was before the City Council there was quite a bit of discussion, but that there has not been much new information submitted besides the color rendering.