HomeMy WebLinkAboutLA18-000056 Neugent (710 Big Island) VAR PCSRDate Application Received: 05/23/2018
Date Application Considered as Complete: 06/14/2018
60-Day Review Period Expires: 8/13/2018
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Laura Oakden, Planner
Date: 18 June 2018
Subject: #LA18-000056, Black Bear Builders o/b/o Chris & Leslie Neugent,
710 Big Island, Variances, Public Hearing
Background
Variances were granted in 2016 (File 16-3618) and 2018 (LA18-000004) permitting additions to an
existing cabin on the property.
The applicant proposes three improvements within the 75 lake yard, labeled A, B, and C on the
attached plan. Improvements A and B are permitted by code, no variances are necessary.
Improvement C requires a variance and is the subject of this application.
The property owners are requesting the retaining wall and hardcover variances. The property
currently has a small path with a retaining wall to access the west dock. The retaining wall is failing
with a significantly slanted walking path. Included as part of the proposed improvements are
extensive landscaping around the shoreline and throughout the property. They are proposing to
remove 4 trees within the 75’ lakeyard and they will plant 8 native trees in various locations in
the lakeyard. Please refer to the landscape plan exhibit for further detail.
The applicant is also proposing a 4 foot walkway from the main dock and stairs to the house as well
as additional hardcover for access from the lake to the detached garage. They are proposing to use
a variety of materials including pavers on the walking, rock to match the existing rip rap along the
shore, geogrid grass pavers, and gravel pavers. These improvement are allowed per City Code 78-
1282 (6) for handicap accessibility.
LOT ANALYSIS WORKSHEET
Section 78-570 & 78-1279 - Setbacks:
RS DISTRICT Required Existing Proposed
South Side 50’ 81.7’ Cabin = No Change
East Side 50’ 261’ Cabin =No Change
Lakeshore 75’ Cabin (screen porch) = 75’ Cabin 75’ (No Change)
Application Summary: The applicant is requesting variances for hardcover and a retaining wall in
the 75 foot lake yard setback.
Staff Recommendation: Planning Department Staff recommends approval.
FILE #LA18-000056
18 June 2018
Page 2 of 4
Average Lakeshore The entire property is located lakeward of the average lakeshore setback
line determined by the properties at 700 Big Island and 720 Big Island.
*The applicant is proposing new hardcover through the property in the 75’ lakeyard and a
reconstructed retaining wall.
Section 78-1403- Structural Coverage:
This property exceeds 1.99 acres therefore is not subject to the 20% structural coverage limitation.
Section 78-1700 -Hardcover Calculations:
Stormwater
Overlay District
Tier
Total Area in
Zone
Allowed
Hardcover
Existing
Hardcover
Proposed
Hardcover
Tier 1 103,738 s.f. 25,934 s.f.
(25 %)
4,028 s.f.
(3.9%)
6,447 s.f.
(6.2%)
Applicable Regulations:
Hardcover Restrictions (78-1680)
Within 75 feet of the ordinary high water level (OHWL) of any lake no hardcover shall be placed,
located or constructed, except regulated by the shoreland overlay district.
The applicant is proposing to reconstruct a deteriorating retaining wall and sidewalk on the west
side of the property to access to a dock. The west dock access and main entry walk access seem
reasonable and necessary.
Structures on Lots (78-1279)
Retaining walls shall not be placed within the shore setback zone.
There is currently a failing retaining wall that is slanted and no longer retaining the earth. The
applicant is looking to replace the retaining wall and existing sidewalk. The retaining wall will be
realigned slightly to follow the existing grade on the property and gain better access to the west
dock.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and anticipated
traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of
property in the surrounding area. The Planning Commission shall consider recommending approval
for variances from the literal provisions of the Zoning Code in instances where their strict
enforcement would cause practical difficulties because of circumstances unique to the individual
property under consideration, and shall recommend approval only when it is demonstrated that such
actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic
considerations alone do not constitute practical difficulties. Practical difficulties also include but are
not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be
granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in
harmony with this chapter. The board or the council may not permit as a variance any use that is
not permitted under this chapter for property in the zone where the affected person's land is
located. The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling.
FILE #LA18-000056
18 June 2018
Page 3 of 4
According to MN §462.537 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
variances are minimal and designed to appear as grass or pervious areas and generally
consistent with the intent of the ordinance. This criterion is met.
2. The variance is consistent with the comprehensive plan. The requested variances are
consistent with the residential goals within the comprehensive plan. This criterion is met.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The owner proposes to install Improvements
which are residential in nature and reasonable from a residential scope.This
criterion is met.
b. There are circumstances unique to the property not created by the landowner; The
owner has proposed a solution which will protect against failure of the slope. The
existing slope of the lake yard was not a result of actions by the owner; and
c. The variance will not alter the essential character of the locality. The variance to
permit structure within the 75-foot setback will help to maintain the existing slope
and character of the locality. This condition is met.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located. This condition is not applicable, as the use for a residential cabin is an allowed use
in the RS District. This criterion is met.
7. The board or council may permit as a variance the temporary use of a one-family dwelling as
a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The property is an existing lot of record and
contains a large number of mature trees for screening. The topography of the property
increases as it moves away from the lake and the owner feels the proposed improvements
are necessary for access and are logical and will not adversely impact adjacent properties.
This criterion is met.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The property is situated at the northwestern most point of the island. The
applicant’s proposal does not appear to be out of character with the area. The slope is
beginning to erode and walkway have become unsafe creating conditions which do not
apply to adjacent properties. This criterion is met.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting a lake setback variance to allow the
retaining walls within the 75-foot lake setback and hardcover in the lakeyard is reasonable
and necessary to preserve the property rights of the owner for access and supported by
the vulnerable lake yard slope on the property.
FILE #LA18-000056
18 June 2018
Page 4 of 4
11. The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter. Granting the
lakeyard setback variance and hardcover variance for allowing the retaining walls and
hardcover within the 75-foot lake setback will not adversely impact health, safety,
comfort or morals, or in any way be contrary to the ordinances.
12. The granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable difficulty. The applicant has demonstrated practical
difficulties which support granting the lakeyard setback and hardcover variances to permit
the construction of a retaining wall and hardcover access improvements within 75 feet of
the OHWL. This statement is true.
The Commission may recommend or Council may impose conditions in granting of variances. Any
conditions imposed must be directly related to and must bear a rough proportionality to the impact
created by the variance. No variance shall be granted or changed beyond the use permitted in this
chapter in the district where such land is located.
Practical Difficulties Statement
Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
Practical Difficulties Analysis
Staff finds due to the nature of the lot at the point of the island there are practical difficulties
supporting granting 75 foot lakeyard setback and hardcover in the lakeyard variances for access
improvements to the property. The applicant is looking to reconstruct a failing retaining wall and
walkway for access to the west dock. As part of the project the applicant will be adding hardcover in
the 75 foot lakeyard for create access for a handicap family member to the cabin from the lake.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
3. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Staff recommends approval of the proposed improvements.
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Project Map
Exhibit D. Existing & Proposed Survey
Exhibit E. Proposed Plans
Exhibit F. City Code 78-1282
Exhibit G. Property Owners List and Map