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HomeMy WebLinkAbout1990-09-12 Memo, Summary of Public Hearing Pg1CTo: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: September 12, 1990 Subject: #1586 James S. Buranen, 1085 Brown Road South - After -the -fact Variance - Public Hearing Pertinent Ordinance - Section 10.28, Subdivision 5 (B) - Side yard setback variance for addition to principal residence. Required = 30' A) Existing = 11' from line as previously staked and occupied Prodosed = 10'9" Varian; e = 19'3" or 668 B) Existing = 6'6" from line based on northeast corner of Govt Lot 6 according to judicial land marker n� center of section Proposed = 614" Variance = 2314" of 76.68 C) Existing = 219" line based on northeast corner of Govt Lot 6 using true center of section Proposed = 2'7" Variance = 2715" or 908 List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Letter from Most Affected Neighbor Exhibit E - Plan Exhibit F - Elevation Exhibit G - Survey Review of Application - The applicant commenced the construction of an approximate 12' addition to the rear of the existing attached garage without the benefit of a building permit review. The inspector discovered the applicant's builder in the process of installing footings to the rear of the structure and advised of the need for a building permit. All work on the structure ceased. The applicant was advised of the need for a survey before the City could review a buildin- permit application. In light of the findinqs of the survey, he applicant was advised of the need to file an after -the -fact variance application for a side setback. 3 Zoning File #1586 September 12, 1990 Page 2 of 2 The current owner of the property has a limousine service in another City and drives the limousine home. The addition to the garage is to allow applicant to park the limousine within the garage structure rather than having it parked within the front street yard. Please review Exhibit D, the owner of the most impacted property has submitted a letter approving the proposed variance. Of the three after -the -fact applications, Mr. Buranen appears to be the only one who recognized the need to file a penalty fee. Staff is not aware if the applicant wishes to appeal the penalty fee. In any case, such an appeal would have to be presented by the applicant. As for which of the setback lines should be used to determine the specific setback variance to be granted, staff will seek direction from the City Attorney's office prior to your meeting. Options of Action - 1. Denial. Please refer to the necessary findings in Section 10.080 Subdivision 3 (A)1-12; or 2. Approval. Please refer to the same necessary findings. Such approval should be subject to the following conditions: A) Based on the substandard setback of the north wall of the attached garage, a fire wall shall be installed along the north side of the existing garage and proposed addition. B) Applicant to obtain a penalty building permit for proposed construction. Zoning File #1586 Page 3 Additional Comments and Planning Comission Recos ndation - October 3, 1990 The Planning Commission has asked that the Public Works Director review the safety aspects of the access to the County Road as property has no turn -around capable of providing a back- out area for limousines stored on property. John Gerhardson will be asked to review the site and report to the Council at your meeting if he sees any special concerns. Applicant has already responded to these concerns by trimming back all of the shrubbery within the right-of-way upon visiting the site. Staff noted no concern in the process of backing out onto the County Road as far as sighting distance for 30 MPH. Council should be reminded that the reason for the expansion of the garage is to provide adequate area to store the two limousines owned by applicant. The business is not operated from his home, but from an office in the City of Plymouth. The Planning Commission recommended unanimous approval of the after -the -fact setback variance application for James S. Buranen for a property located at 1085 Brown Road South. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission's recommendation.