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HomeMy WebLinkAboutLA18-000076 (1725 Bohns Pt Rd) Ex C Draft PC MinMINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 17, 2018 6:30 o’clock p.m. 6. LA18-000076 REVISION, LLC, 1725 BOHNS POINT ROAD, VARIANCES, 7:03 P.M. – 7:19 P.M. Kevin Schultz, Revision, LLC; and Sven Gustafson, Stonewood, LLC, were present. Curtis stated the owner purchased the property in the fall of 2017 and has begun to make improvements. One area they wish to upgrade is the existing boathouse on the western portion of the lakeshore. The applicants have provided plans which contemplate an in-kind rebuild of the existing failing structure but wish to expand upward to allow for a covered porch-like roof over the top portion of the structure which is currently a dock. They also propose to reorient the stairs but are keeping the two existing patio areas at the lake and up on the hill. Due to the proximity of the boathouse to the lake, variances are requested. The applicants plan to rebuild the foundation of the 150 square foot boathouse which is permitted as a legal nonconforming structure with respect to setback. It is currently set back 16 feet from the OHWL where a 75-foot setback is required and entirely lakeward of the average lakeshore setback line. They also plan to increase the height by adding a porch roof over the top which expands the structure within the substandard average lakeshore and lake setback. The hardcover variance is requested due to the reorientation of the existing stairway to the lake. A lake access stair is permitted hardcover. However, with the addition of the other existing improvements in the 75-foot setback, the hardcover on the site exceeds the minimum permitted. The applicant’s proposal results in a hardcover reduction in the 75-foot setback area of 40 square feet due to the reorientation of the stair and a variance is still required. The applicant has completed a practical difficulty form and should be asked for additional testimony regarding the application. The boathouse was constructed prior to today’s lake and sight protection rules. The owners intend to keep the existing footprint yet wish to make improvements to better suit their family’s needs and to modernize the structure. The Planning Commission should review the practical difficulties analysis provided and determine if they support granting the requested variances to improve the boathouse and lake access stair. The Planning Commission should carefully consider whether the applicant has satisfied the practical difficulties standard for their proposed accessory structure expansion and consider a motion to approve or deny the requested variances as appropriate. Thiesse asked if the encroachment would be from the top of the railing up since there is currently a railing. Curtis indicated it would be. Kevin Schultz, Revision, stated the existing vegetation hides the structure almost entirely from the lakeside. All of the foliage that is seen is intrinsic to erosion control, and if it is cut back or destroyed, the slope would be in danger of failing. Even with the height of the roof being raised, the roof peak height would still screened from behind. Sven Gustafson stated the roofline is essentially level with the back yard. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 17, 2018 6:30 o’clock p.m. Landgraver asked if it is screened on all four sides. Schultz indicated it is screened on all four sides, with the back side being accessible from the walkway. Gustafson indicated they are retractable screens and would only be visible when they are down. Thiesse asked if the L-shaped retaining wall currently exists. Curtis indicated it does. Gustafson noted the current stairs are made out of timber. Schultz stated the stairs are currently in poor condition. Libby commented despite all of the prohibitions about buildings being located along the lakeshore, boathouses are historic characteristics of lakeshore living. Libby stated in his view a porch above this structure would be very beneficial to the owner and would look complimentary to the lakeshore. Gustafson stated they are doing two of these in the City of Minnetrista at the present time in areas where the structures do not currently exist. Gustafson stated if they are called water oriented accessory buildings, 160 square feet of structure is permitted Chair Thiesse opened the public hearing at 7:11 p.m. There were no public comments related to this application. Chair Thiesse continued the public hearing to the October 8 City Council meeting. Thiesse stated the boathouse is not that large and is tucked in nicely. Thiesse stated in his view porches in Minnesota without screens could be considered a practical difficulty. Lemke noted it is a nonconforming structure and can be replaced in-kind, but that this structure is not being replaced in-kind since they are adding to it. Ressler agreed the applicants are adding structure and that replacing it in-kind is different than adding to it. Ressler asked whether Staff has any recollection of other similar structures being added on to. Curtis stated she cannot come up with an identical scenario but noted the City does allow expansion of a nonconforming structure. Generally the structures the City has looked at in the past are not located on adirectly on the lakeshore, and the Planning Commission should look at any expansion of a nonconforming structure by considering the practical difficulties and how the request is balanced out. Thiesse stated he would also look at the intent of the ordinances, and in his view the intent is to protect views from the lake and for the neighbors. Thiesse commented he is not sure if the neighbor could even see it with a roof on top of it since it is tucked in nicely from the lake. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 17, 2018 6:30 o’clock p.m. Landgraver stated he usually is against massing on the lake, but that this structure is proposed to go straight up instead of expanding the footprint. Given the slope and shielding, he would be comfortable with it. Libby asked if the Minnehaha Creek Watershed District has weighed in on this application. Curtis noted they are above the floodplain. Ressler stated his only other concern is if the City approves this, it likely will set a precedent for other similar applications and that he is not in favor of it. Thiesse stated in his view a precedent is not necessarily being set since each site is looked at individually. Landgraver moved, Olson seconded, to recommend approval of Application No. LA18-000076, Revision, LLC, 1725 Bohns Point Road, granting of variances. VOTE: Ayes 4, Nays 3, Lemke, Erickson and Ressler opposed. Erickson stated he is a little bit concerned with the proposal given that Item No. 12 says that the granting of such variance will not merely serve as a convenience to the applicant. Staff notes that providing a more comfortable viewing opportunity could be viewed as a convenience, which he tends to agree with that. Obviously if the structure is failing, it is in everyone’s interests to improve it, but an expansion of use beyond what was there could be considered not a practical difficulty but a convenience. Thiesse noted it says merely serves as a convenience but that what the applicants are proposing is more than that.