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LANDFORM
MINNEAPOLIS•PHOENIX
October 20, 2004
Michael Gaffron
City of Orono
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
RE: StoneBay Minor PUD Modifications
Dear Mr. Gaffron,
On behalf of our client, Landform is requesting approval of a minor modification to our
approved PUD plans related to building encroachments.
Specifically,
1. Setback for Lot 6, Block 1. After approval of the StoneBay project, we realized
that we had erroneously shown a 19.6-foot setback from the north property line
for Lot 6 (0.4 feet less than the 20-foot approved setback). Due to the way the
lots were dimensioned on the plat, we did not realize our error until the lot
certificate for Lots 5 and 6, Block 1 were recently completed. It was certainly not
our intention to knowingly thwa►t the approved plans, but was simply an
oversight in the many iterations of the plan during the approval process. We are
not able to shift the buildings without replatting the project. The homes to the
north are 200-300 feet from the planned building; therefore, the change to the
plan (less than 5-inches) would not be distinguishable from the adjoining
properties.
The modification to the PUD setback would have no impact on adjacent
properties because the approve setback for other portions of the site allowed a
10-foot setback from this lot line. The adjacent building (on Lots 7 and 8) to east
was approved with a 10-foot setback from the north plat boundary and the only
difference is that the adjacent building is 10 feet from the rear of the building and
we are requesting flexibility to allow a 19.6-foot side yard setback. We believe
this is consistent with the StoneBay PUD approvals and the project design. �
If we are required to replat the property, it will result is significant delays for the
residents ready to begin construction of their new homes on Lots 5 and 6, which
are the only lots affected by this issue. We hope that you will use the City's
discretionary authority to approve this modification to the PUD.
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�Michael Gaffron Re:StoneBay PUD Modification
' Page 2 October 20,2004
2. Eave Overhangs. Our envelope lots for this development were intended to
enclose the building footprint, and allow for eave overhangs. Unfortunately, it
was recently brought to our attention that your ordinance allows 1.5-foot
overhangs to encroach into the setback requirement, not 2 feet as proposed on
� our units. Due to the setback issue described above, our eaves encroach into
the setback beyond what is typically permitted. However, we believe that this
encroachment is consistent with the intent of the PUD for StoneBay and request
PUD flexibility to allow this encroachment.
3. Structural overhangs. We have a bump out proposed on Lot 6, Block 1 which
also encroaches 1.5-feet into the setback. While we understood that this
encroachment was similar to an allowed encroachment for a bay window, we
now understand that because the cantilever is from floor to ceiling on the main
level, it would not be allowed to encroach into the setback even though it does
not include an extension of the foundation. The City has approved similar
cantilevers in other portions of the project, but these elements have never
created a setback issue. This is a unique circumstance due to the envelope lot
setback; therefore, we are requesting flexibility to allow this encroachment for Lot
6, Block 1. Unfortunately, this lot has been restricted beyond the limits of other
lots in the PUD due to the error in the setback. We believe that while the
cantilever does not meet the letter of the law, it does meet the spirit and intent af
the ordinance and we ask that you provide setback flexibility for this homeowner.
We are very excited about the StoneBay project and believe that the project is a
wonderful addition to the City of Orono. The wetlands, approved building designs and
approved lot layout, create constraints that are unique to Lot 6. However, we believe
the requested flexibility is indistinguishable to surrounding properties and does not
diminish the spirit of the StoneBay PUD approvals.
Therefore, we request approval of these modifications to the approved RPUD General Plan
based pm the finding that they are generally consistent with StoneBay approvals and would
have no impact on surrounding properties. If you have any questions or comments,
please contact me or Steve Johnston at 612.252.9070.
Sincerely,
LANDFORM*
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Kendra Lindahl, AICP
Principal Planner
COPY: John Hassler, John Terrance Homes, LLC
'Landform Engineering Company doing business as Landform
650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH MINNEAPOLIS,MN 55403
OFFICE: 612.252.9070 FAX:612.252.9077 wv�nN.landform.net