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Home My WebLink AboutProject Packet• CITY OF ORWO, MINNE)R'A3 9 Conditional Use and Variance Application t: LOCATION OF PROPOSAL (or vraxrty) TYPE OF REQUEST Address 24 i _4 ! 2414 d'94VAON Sr, Legal Description 3 imm APPLICANT (�• ✓ Name �" _ T'-./ f`. Phone # 41,71 " ?7/ G, Address �yl •4"-sp �c OWNER Name r.01i Phone Address Present Zoning L R - /C Present Use Ars Zoning Ordinance Section Relating to Request 34, 029 Specify Ordinance Requirements. / Conditional MAP Variance . iffo Wetlands Variance Riprap FOR OFFICIAL USE ONLY Council Action Date Denied _ - A .r • _ - 24%& Explain Request Relative to Requirements Extent of Non -conformity FWWr SET �lj� CfC _t ; F T �Tt t4R Za FT Hardships to Property (Your reasons for requesting this Variance or Conditional Use Permit MATERIAL NICEMkRY POR COMPLETE APPLICATION (rust be submitted 1 week prior to Council Meeting) 1. Application completed 4. Certified Pro is List of 2. Plat Map Section inners within (300 ft (is0 ft.) - 3. Survey (Sketch in proposal) from Hennepin. . gistrar of Deeds S. Date f� ' Signatune� - �, Y� ,. �� P. «. ULPAk i t 1M OF FINANCE ROOM 116. t OURTHOUSE MINNEAPOLIS, MINN. 55415 PROPERTY OWNERS LIST DESCRIPTION NAME ADDRESS _ LOT BLK. PARCEL for �t - rR* -ks_ S'S ___. _.. - 7 ` 7�0 _ r tom. �. � _�•J': �'' '"► i ,(i _tom, _C 7 G. 1 ,� fz,N 6- ty:p ,. ,, ►t t �431 C1sQ.nn t.f.= TT' " L ; ; �- t,1 !`� 111�.Q _i;._�lrs - i{;^,. c�ljS r F _- .__ Lai_ t�;_ ;a. r_►t' A G 1�,� G: 4�- ' ; i 1.. _ -'_ :Pee'._12 Vr y r.I_ 1- ��J�►.E.F .�� a ��= FFFGl'�� K. ST 5 � , � , _ -� '-�,�� ra 4 C) I b oEo M ujl��Tzjc 2 V/S 177 575 435 So(, r Aar_ f. 3 y(. ViZA F :;!.B o FaF mtz K F pr lc).. 2-c' Z.4�� CASCL, Fi 7L -- Sit" , --)-LL Lj--, AM s+ • DEPARTMENT OF FINANCE ROOM 116, (OURTNOUSE MINNEAPOLIS, MINN. 55415 PROPERTY OWNERS LIST DESCRIPTION NAME ADDRESS ----- -- -� LOT BLK. 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J9 lY of wn.c�+ Y.►.+ .pwa/� and /3 , •w J•/' to 9�.:' ,�;'ry »•r+�':! c�s t 'O .:✓ , 34 , ,9v./don/r ,sr•. -a if y,;,� l s}1 i<� 11L'e/•.rn.' of i,;; h'• ri1s4" lo►d 'w / o,-,•,• a.. en�4 `r�/' • J �.'.)=�.+J!!7 AID! Pvr_ri C Teto/ o.•,b it 2, 6.7.E S� %! le f►31 OAW $WOW br AC ,:.0 y1 ✓o/vme of &# A. /Iw.•r /ood 1 McCOMBS-KNUTSON ,-ASSOCIATES, INC. CONSULTING ENGINEERS ■ LAND SURVEYORS ■ S17E PLANNERS July 25, 10, 1975 Mr. Hank Muhich City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Subject: Edward T. Lehman Block 1, Nivar, and Block 6, Townsite of Langdon Park Dear Hank: We reviewed the data submitted by Gordon Coffin regarding the feasibility of placing fill on existing low land and still maintaining existing wetlands in the subject property. This project has already received a fill permit from the Minnehaha Creek Watershed District. The low lands shown on the Hennepin County Soil Conservation Department and the Village Wetlands map as being wetlands. This was determined by the County from their aerial photographs. Subsequent to the time the aerial photographs were taken, but prior to the adoption of wetland ordinances, some of the wetlands were filled. We have talked to Pat Kennedy, HCSCS, and since the preparation of the maps, they made a field inspection of this area and no longer believe that the large low area can be classifi�l as wetlands. Therefore, it is our opinion based on our data, and consultation with the Minnehaha Creek Watershed District and the Hennepin County Soil Conservation Service that the wetlands shown on Gordon Coffins survey of 7/17/75, are a correct representation of the existing wetlands on this site. For this reason, we have seen no engineering objection to granting permission to do the grading proposed, as long as no fill is placed in the area shown as edge of cattails and that nothing is done to restrict the present drainage of storm water through the property. If this proposal is approved by the council, before any construction is actually done, we would see the detailed proposals from Lehman if he proposes any changes to the existing ditching. We trust this will answer your questions regarding this proposal. If you have any further questions, please advise. Very truly yours, M(-('T7i•'BAid -KNU'11SONNASSOCIATES, INC. A}t If1 C m4—, !PE . 17f+1-15 CIIti()N MEM()PIAE HIGHY.AV MINNFAPOIIS MINNESOTA S9�411 TELEPHONE (612) F45 3735 aE %0HTH MAIN 'STWIFT H�'CHINSON MI%%!S )TA t5350 'FLFPHONE 612 897 8031 SOUTHMST ENC,INELHING UiOSION MAHSHAI I MINNESOTA '',b258 TELEPHONE (507) 532 5820 GORDON R. COFFIN LAND S V H y[ V O W AND P L A N N L A IV 2 S AA 7 t H I c W N H O AD LONG. LAKL PAINN 59156 •13 4141 f 2 n s�:: cr r.+ is t. ; c•r �•��srd . , .(•in:c:r: <, ic.,r;gite, c r a,ng&n -lark irerin("yin Cc•.:nt; •, ! .1 nr• -vota An wirerrr.'. i c- :rF, * r-,q-c w, ;:iE cv _ - t',at rt o4' :.c t 10, iC:. ...`.t �.:.^.a'(•j+ s.^ , �; .:� :�.' �:i i f,9-ot. on tl-w } !w(� !11 ant --zn nt t!,�c .-orti-.sart corns o' ..-:i,l 10L; thun1^B c rep }:..,::PO --�_ ' .� li;� dc'—r+:.. 'I c7i: t,'I nen n: Pr f�ict tr, tt.,, ,n:.nt n:' ..nin cf tti'..: lin^ N-Inl, ri.'} t. VV dei-nw a (JiFt':r,ce e1 'i? `-pot; V-,reR de!'l-•'!Vni- ritat 20 c.cw e?s a di, tr:nce of 2": !'pit, -.ne; t;(!m- c.r-+in - 1,3,E thrt nnrt n^ ;,ct 1^f = a h, mac,. -mite cf :r-na:-Icr :'r+rl, 1-1 ns- within ; feet on the ., t•► • , _'^ , .. 1 ' ; ^et cn t~. lc�"., c;;? - o: the 7011owir.,7- -'e:cr'lec lira: ^crrr•. nf* zidd lot: thcnee ..01:t1 RiOrit; t" A, 7.F:Ft l ne -' rn.1,' lct n dictrine of 24C f(-et to the noirt c•r c•^ thr, line iain,; ccscribed; ••irt,i r3i' ;.,, t'L .. ►i 4irtt,riCe C•r ti% t-et, er.:'Jr., McCOMBS-KNUTSON ASSOCIATES, INC. CONSULIING ENGINEERS ■ LAND SURVEYORS d SITE PLANNERS .: Ai August 6, 1975 Mr. Hank Muhick Village of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Subject: Drainage Easement - Edward T. Lehman,- Dear Hank: We have reviewed the legal description of the proposed drainage easement across Edward T. Lehman's property. It appears to be satisfactory. We have asked Gordon Coffin to furnish you a map showing this easement. W(- have sent a copy of the description to Bruce Malkerson For drafting of the documents. I talked to Bruce and we concur that this descrip- tion meets our requiren,,nts and your issuance of a grading certificate is recomme!-ded. If you have any further questions, please do not hesitate to contact me. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. William H. McCombs, P.E. WH:•I: 1 as 12805 OISON MEMORIAL HIGHWAY, MINNEAPOLIS MINNESOTA 5b441 TFEEPHONE 1612) 545 3735 36 NORTH MAIN STREET, HUICHINSON PAINNE507A ' 5350 IFIEPHONE 612 897 9031 SOUTHWEST ENGINEERING DIVISION MARSMAIL MINNESOTA 56258 TELEPHONE ;507) 532-5820 MINUItS OF A PLWNING ClATUSSION t•1"HFING HUD APRIL 40 1977 - PANE 4 After a lengthy disciLssion, Pesek moved, NP7D,,«ld seco.,.de-d, to recomnend denial baFed an the following: (1) No hardship demonstrated to justify a variance from our wetlands r.oratoritm. (2) Concern about dmiging b,cawse of the adverse affect an the lake and adjacent neighbors. (3) Policy for permitting dredgingis to provide access to the lake for riparian owners. In this case, no reason mild be found to justify this as property a --Der c'ocs have access to the lake. Kiintenance dredging would not be necessary to provide access. (4) In gem!ral, no objection to ripr-p. Indicated they were in favor of shoreline protection and riprap. 1btion - Ayes (S), Nays (0). Mr. IAe%-an was present. Planning Conanission reviewed a copy of the final plat. Determined that the final plat was the s:ui�e as the preliminary and meets all the requircm--nts. The Zoning ALin`nistiator pointed out th..t the proposed house location on Lot 3 would require a variance from the 7S' lakeshore setback. Any proposed chielling for Lot 3 would have difficulty meting all the setback requirerents because of the ',�gom- After a brief discussion, Pesek roved, Hassel seconded, to recormend approval of the final plat as submitted subject to the following: (1) Approval of the plat does not constitute approval of the location of any dwelling. (2) All proposed dwelling locations shall iaeet the minim m► 75' lakeshore requirement. (3) .Appropriate Park Dedication Fee (total $3,096.00). (4) Final plat is sx-ne as preliminary. Motion: Ayes (5) , Nays (0) . Work session only. Several adjoining I,roperty owners were present: H. D. Blunt, bin. H. Reese, Jr., Donald 'nelson, Lee Hartrann, H.R. Hartrann, riob deGrcgory, Donna Blunt, Bette Reese and and Mr. Ellis. Lagoon is presently protected by timber seawall and it is giving way. This proposal is for some riprapping and installation of an alur;inirn seawall. Ca-nission was concerned about the sea-wall proposal in the lagoon pmper. Felt the seawall would be appropriate in the c'�annel only. Cornission suggested applicants consider riprnpping the entire lagoon. Property c,.-r.e rs were not in fa' or of riprapping. Because a 4S <%. gree angle would he nf«s-ary for this riprapping, they felt tl,uy would be giving up approxirsately 10 feet of their property. NORTH STAR MARINA (continued) I;D I.IHMM 352S SHORELINE DRIVE SUBDIVISI(N (FI1AL) (0 182) WALTER' S PORT & MAIMI-LNXNCE hAUTR' S PORT (#24S) 1 t• • � 7�1�� • REGULAR MEETING OF THE OR0130 COUNCIL HELD APRIL 11, 1977 Page 11 Henry Muhich, Building & Zoning Administrator, XBDIVISION read into the record the following information, 3527 Shoreline Drive dated March 30, 1977: #182 Fd Lehman Mr. Ed Lehman, 3527 Shoreline Drive, just sub- mitted plan #3 showing the proposed location for a home on Lot 3. The house would meet the front and side yard setbacks, but not the lakeshore setback. I suggested combining Lots 2 & 3, but lie objected. We should determine now whether or not we would approve a variance from the '15' lakeshore setback requirement before making a decision on the final plat. Planning Commission Meeting - April 4, 1977 It was brought to the attention of the Planning Commission that any dwelling proposed for Lot 3 would have difficulty meeting all setback requirements, (front, side and lakeshore) because of the lagoon. The Commission recommended approval of the final plat subject to the following conditions: 1. Approval of the plat does not constitute approval of the location of any dwelling. 2. All proposed dwelling locations shall meet the minimum 75' Lakeshore requirement. 3.-ppropriate park dedication fee (total $3,086). 4. Final plat is same as preliminary which was previously approved. There was no request for adjustment of the special assessments at the present time. COLAICi1 Meeting - April 11, 1977 Welsh moved, Rutler seconded, to adopt RESOLUTION #769 Resolution #7b9, A Resolution Approving The Lehman Addition Lehman Addition, as per the Planning Commission Minutes of April 4, 1977, with the addition of: 5. Title opinion to the City. 6. Necessary conservation casements and other easements that might be applicable. Motion, Ayes (5) - gays (0) . STATE OF M Ih71E SMA OM OF HE'Z'v'EPI OLI.'N CITY OF OMNO T;le inndersignel duly qualified and acting City Clerk/Administrator of the City of Orono hereby certifies that attached hereto is a true and correct copy of the original Resolution passed by the City Council of the City of Orono on April 11, 1977, approving the Le}tman Addition Plat on file in the office of the City Clerk/Administrator, City of Orono. Halter Ronson Cler dministrator Dated this _21 day of ��. �_t _ _, 1977. (Seal) RESOLUTION N0. 769 A RESOLUTION APPROVING THE LII MAN H -1r' T T I ON WHEREAS, the City of Orono is a mmicipal corporation crgrnizce. and existing under the laws of th-- State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision plat for the Lehman Addition by Edward T. Lehman; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat for the Lehman Addition, Hennepin County, Minnesota, subject to the following: 1. Approval of th- plat does not constitute approval of the location of any dwelling. 2. All proposed dwelling locations shall meet the minimum 75' Lakeshore requirement. 3. Appropriate Park Dedication Fee (total $3,086.00). 4. Final plat is sane as preliminary which was previously approved. S. All necessary easements. Conservation casement over wetlands and any other easements that are deemed necessary. 6. Title opinion. This resolution will expire October 1, 1977, if the aforesaid subdivision plat has not been filed with the Hennepin County Register of Deeds. In that event, it will be necessary to file a new application with the City of Orono for subdivision approval. Dated this 11 day of April `1977. William B. Nan est, Mayor AT11ST: Walter Benson, Benson, Clerk/ALlministrator M: Planning Commissi.•n and Council FR4'd: Hank llihich, Zoning Administrator DATE: November 140 1977 SMELT: Ed Lehman - 2414 and 2416 Carman Street Conditional Use for rhmlex Variance - Front and ".ear Setback This report will cover all above applications by fir. Id Lehman. The three properties involved are adjacent to one another. 2440 and 2450 Carman Street are related to parcels resulting rrom the subdivision recently approved by Council. (Enclosed are copies of Planning Cormission r+inutes of April 4, 1977, Council minutes of April 11, 1977 and resolution of approval of plat. I'm also enclosing copies of reports from the City Engineer in regards to this subdivil' .j The individual proposals are as follows: (1) $337 - The proposed lorati,n for a dwelling on Parcel B would require approval of a front )•aru iriance o. ft. (2) #338 - The proposed locat')n for a &%elling or larcel C would require approval of a front yard xa riance of 30 ft ane lakeshore setback var�snce of 25 ft. (3) #339 - The application on this parcel consists of a conditional use permit for a duplex (Zoning Ordinance Section 34.029). A conditional use permit for a duplex could be considered if the units are sewered and if the structure is within 200 ft. of adjacent co!�ercial property. This proposal for duplex credit is similar to the one we recently approved for Jim Lindsay of Kelly Avenue Holding Company on }telly Avenue in Navarre. If the conditional use permit for a duplex is approved, a second issue must be addressed. Me proposed location of the structure would require a front yard variance of 13 A. and a rear yard variance of 20 ft. 1b: Planning Commission and Council FROM: Bank Thihich, Zoning Administrator DATE: November 14, 1977 SUBJECT: Ed Lehman - 7440 Carman Street Variance - Front Setback - This report will cover all three applications by Mr. Ed Lehman. The three properties involved are adjacent to one another. 2.140 and 2.450 Carman Street are related to parcels resulting from the subdivision recently approved by Cotmcil. (Enclosed are copies of Planning Commission minutes of April 4, 1977, Council minutes of April 11, 1977 and resolution of approval of plat. I'm also enclosing copies of reports from the City Engineer in regards to this sd)division.) The individual proposals are as follows: t4-1r#337 - The proposed location for a dwelling on Parcel B would require approval of a front yard variance of 8 ft. (2) #338 - The proposed location for a dwelling on Parcel C would require approval of a front yard variance of 10 ft. and a lakeshore setback variance of 25 ft. (3) #339 - Thf application on this parcel consists of a conditional use permit for a duplex ;Zoning Ordinance Section 34.029). A conditional use permit for a dunlex could be considered f the units a-e sewered and if the structure is within 200 ft. of adjacent commercial property. This proposal for duplex credit is sirular to the one we recently approved for ,Tim Lindsay of Kelly Avenue Holding Company on Kelly Avenue in Navarre. If the conditional use permit for a duplex is approved, a second issue must be addressed. Tic proposed location of th- structure would require a front yard variance of 13 ft. and a rear yard variance of 20 ft. PLANNYING CONMISSI(ZI WORK SESSION - November 21, 1977 Reviewed the 3 proposals. Discussion included zoning, density permitted, setbacks (lake and road), duplex credit in reference to zoning regulations, related proposal to recent similar proposal by Dan Linsay on Kelly Avenue. (Approval of duplex credit for Linsay proposal conditioned on structures being located within 200' of commercially zoned district.) PLANNING COMMISSION - December 5, 1977 Recommended approval of 8' variance from the street setback require- ment of 30'. (Dwelling to be located 22' from property line along Carman Street.) Justification: 1) Hardship - topography of the land and soil conditions restrict location. Variance•- Front Setback Page 2 2) Lot meets zoning area rcquirement. 3) Property is sewered. COUNCIL MEETING - December 12, 1977 Approved per Planning Commission recommendations Ift -ti MINUTES OF A PLANNING COMMISSION MEETING HELD DECEMBER 5, 1977 - PAGE 11 Commissioner Hurr commented that the drainage could be corrected in some other way. Commissioner Hammerel stated he has a cabin in Wisconsin where the Department of Natural Resources prohibit repair or addition of existing non- conforming structures that come within the minimum shoreline setbacks. Commissioner Hassel moved, Commissioner Hurr seconded, a motion to recommend denial of the request for a lakeshore setback variance for an enclosed structure on top of an existing foundation. HARRY GUSTAFSON (continued) #341 Motion - Ayes (5); Hurr, Hammerel, Wilson, Hasseland Hannah: Abstain (2); Frahm and McDonald. The motion passed. The Zoning Administrator explained that Paul Kaster was present and had an inquiry and would like some direction from the Commission. Mr. Kaster passed out a survey of the property. The Zoning Administrator stated that Mr. Kaster is proposing two properties with lake access. The present zoning is one-half acre minimum lot area and this property is one acre. Mr. Kasi---- is trying to get two lakeshore lots. The require- ment in this area is for 100 ft. of lakeshore and the lot has 152 feet of lakeshore. One lot will be about 52 feet wide. Mr. Kaster explained his request further. Mayor Van Nest stated the new Ordinance stated there must be minimum width at the building and at the lakeshore. The Zoning Administrator commented he had informed Mr. Kaster of these requirements. The Commission felt the property should be divided so only one lot would have lake access and in turn would meet the minimum, lakeshore lot width requirement. To divide the lot as requested would be against the Ordinance. Mayor Van Nest explained that this property along with the properties to the east were zoned commercial in 1968 and at that time there was approval for 80 units. However, these units were never built. In 1974 this area was rezoned to LR-lC. The proposed duplex would be allowed with a Conditional Use Permit. He added that where there had been approval for 80 units before there now will only be three units. PAUL KASTER 2600 CASCO POINT ROAD SUBDIVISION (INFORMATION) �--ED LEHMAN 24400 2450, 2414 & 2416 CARMAN STREET ;f337, #338 & #339 -ti MINUTES OF A PLANNING COMMISSION MEETING HELD DECEMBER 5, 1977 - PAGE 11 Commissioner Hurr commented that the drainage could be corrected in some other way. Commissioner Hammerel stated he has a cabin in Wisconsin where the Department of Natural Resources prohibit repair or addition of existing non- conforming structures that come within the minimum shoreline setbacks. Commissioner Hassel moved, Commissioner Hurr seconded, a motion to recommend denial of the request for a lakeshore setback variance for an enclosed structure on top of an existing foundation. HARRY GUSTAFSON (continued) #341 Motion - Ayes (5); Hurr, Hammerel, Wilson, Hasseland Hannah: Abstain (2); Frahm and McDonald. The motion passed. The Zoning Administrator explained that Paul Kaster was present and had an inquiry and would like some direction from the Commission. Mr. Kaster passed out a survey of the property. The Zoning Administrator stated that Mr. Kaster is proposing two properties with lake access. The present zoning is one-half acre minimum lot area and this property is one acre. Mr. Kasi---- is trying to get two lakeshore lots. The require- ment in this area is for 100 ft. of lakeshore and the lot has 152 feet of lakeshore. One lot will be about 52 feet wide. Mr. Kaster explained his request further. Mayor Van Nest stated the new Ordinance stated there must be minimum width at the building and at the lakeshore. The Zoning Administrator commented he had informed Mr. Kaster of these requirements. The Commission felt the property should be divided so only one lot would have lake access and in turn would meet the minimum, lakeshore lot width requirement. To divide the lot as requested would be against the Ordinance. Mayor Van Nest explained that this property along with the properties to the east were zoned commercial in 1968 and at that time there was approval for 80 units. However, these units were never built. In 1974 this area was rezoned to LR-lC. The proposed duplex would be allowed with a Conditional Use Permit. He added that where there had been approval for 80 units before there now will only be three units. PAUL KASTER 2600 CASCO POINT ROAD SUBDIVISION (INFORMATION) �--ED LEHMAN 24400 2450, 2414 & 2416 CARMAN STREET ;f337, #338 & #339 MINUTES OF A PLANNING COMMISSION MEETING HELD DECEMBER 5, 1977 - PAGE 12 Commissioner Hurr asked if the lots could be ED LEHMAN rearranged so the building would be more than 50 (continued) feet from the shoreline of the lagoon. Mayor Van Nest explained that becausa of the steep road there would be a hardship. Also, he stated these F.roperties have been assessed for sewer and water, but they have not been able to hook up because they are too low. lie added, however, that this could be solved by installing a lift station. The Zoning Administrator explained that the proposed location of the duplex exceeds the required 200 ft. from a commercial area. He also stated that Mrs. Peterson had telephoned him and was concerned that the duplex would obstruct her view. She also was concerned about the parking because the renter who just moved out had been parking on the street. Mayor Van Nest stated that a small part of the building would be within the required 200 ft. Commissioner Hurr commented that the Ordinance required the whole building to be within 200 ft. of a commercial area. The Zoning Administrator reviewed the variances and setbacks that were being requested. Mayor Van Nest stated there is some history to this request and felt some of the regulations might not apply here. He explained that Mr. Lehman had said lie wanted to develop this property for his whole family and plaits to live in one side of the duplex for his retirement. Also, he commented he felt there was a hardship on Lots C and D. The Commission discussed the duplex being within 200 feet of a commercial area and the dwelling on Parcel C being located only 50 feet from the shoreline of the lagoon. The Commission discussed the variance for 2440 Carman ED LEHMAN Street. It was felt the variance should be approved 2440 CARMAN STREET since the property was serviced by sewer, and the VARIANCE lot met the minimum lot area requirement, and a FRONT SETBACK hardship was demonstrated because of the topography #337 and soil conditions. The Commission discussed the variances for 2450 Carman Street. MINUTES OF A PLANNING COMMISSION MEETING HELD DECEMBER 5, 1977 - PAGE 13 It was agreed the variances should be approved ED LEHMAN since the property was serviced by sewer, and the 2450 CARMAN STREET lot met the minimum lot area requirement, and VARIANCE a hardship was demonstrated because of the topography FRONT & LAKE SETBACK and soil conditions. #338 The Commission discussed the Conditional Use Permit and variances to build a duplex at 2414 and 2416 Carman Street. It was felt the duplex should be allowed if it would be located within 200 feet of the commercially zoned property because the area is serviced by sewer, the location of the structure is limited because it is a corner lot, there is no additional land available to widen the narrow lot, and it will be an improvement to combine the three lots. The Commission also discussed parking problems for the duplex and felt certain restrictions should be implemented to avoid problems for the neighbors. Commissioner Hasel moved, Commissioner Hannah seconded, a motion to recommend approval of the request for an 8 ft. front yard setback variance at 2440 Carman Street. Motion - Ayes (7); Nays (0). The motion passed. ✓F b LEHMAN 2414 & 2416 CARMAN ST. VARIANCE FRONT & REAR SETBACK CONDITIONAL USE FOR DUPLEX #339 Commissioner Hannah moved, Commissioner Hassel seconded, a motion to recommend approval of a 10 ft. front yard setback variance and a 25 ft. lakeshore setback vari-once at 2450 Carman Street. Motion - Ayes (6); Abstain (1); Hurr. The motion passed. Commissioner Hassel moved, Commissioner Hurr seconded, a motion to recommend approval of a Conditional Use Permit to construct a duplex at 2414 and 2416 Carman Street including the following variances and conditions: (1) The duplex be located within 200 ft. of the adjacent commercially zoned property; and (2) All three lots be combined; and (3) The existing buildings be removed; and (4) A 13 ft. front yard setback variance; and (5) A 20 ft. rear yard setback variance; and (6) A 4,853 sq. ft. lot area variance. Motion - Ayes (7); Nays (0). The motion passed. REGULAR MEETING OF THE. ORONO COUNCIL, DECFJtBER 12, 1977 Page 31 requirement of 30' and a 25' variance from the VARIANCE lakeshore setback requirement of 75'. (Dwelling 2450 Carman Street to be located 20' from property line along Carman (Continued) Street, and 50' from shoreline of lagoon). Justification: 1. Hardship - topography of the land and soil conditions restrict location. 2. Lot meets zoning area requirement. 3. Property is sewered. Mayor Van Nest moved, Pesek seconded, to approve the variance request of Ed Lehman, 2450 Carman Street, for Parcel C, per the Planning Commission recommendaticrs of December 5, 1977. Motion, Ayes (3) - Nays (0). Mr. Ala% Olson, Assistant Building & Zoning Administrator, entered into the record the following information concerning a conditional use permit and variance request of Ed Lehman, 2414 & 2416 Carman Street, dated December 5, 1977, which states: The Planning Comtinission recommended approval of conditional use permit for duplex subject to locating existing structure within 200' of commercially zoned d:_strict (B-5) across County Road #15 (commercial zoning described by parcel which commences at a line along the north line of County Road #15). County Road #15 is 66' right-of-way. The Planning Commission also recommended approval of the following variances for construction of the newly proposed duplex: PC14DITIONAL USE PERMIT i L' VARIANCE 2414 & 2416 Carman Stree #339 Ed Lehman 1. 13' variance from the 30' street setback require- ment. (Dwelling to be located 17' from Carman Street) . 2. 20' variance from the 30' rear setback require- ment. (Dwelling to be located 10' from rear lot line). 3. Lot area variance of 4,853 sq. ft. from required 21,789 sq. ft. area. (Subject combined parcel consists r- 16,927 sq. ft.). (Continued) REbi&AR MEETING OF THE ORONO COUNCIL, DECEflBER 12, 1977 Page 32 Justification: CONDITIONAL USE PERMIT i VARIANCE 1. Benefit of combination of the three lots. 2414 i 2416 Carman StrtW 2. harrow lot (no additional land available). (Continued) 3. Area is sewered. 4. Location of lot (corner lot limits locati-," . Planning Commission addressed off-street park.A.l:; provisions for duplex to eliminate problems for neighbors. No recommendations made. Council will have to review assessments for re- apportionment. . Pesek moved, Mayor Van Nest seconded, to approve the request of Ed Lehman, 2414 & 2416 Carman Street, for a conditional use permit for a duplex providing that all of one unit of the duplex be within 200 feet of the B-5 zone on the north line of County Road #15 and subject to the removal of the existing house and cabin on Lots 1 & 3, and to legal combination of Lots 1, 2 & 3. Cabin may be relocated (with proper permit) for use as an accessory building only; and to approve variances for setbacks and lot area as per Planning Commission recommendations of December 5, 1977. Motion, Ayes (3) - Nays (0) . Mayor Van Nest moved, Paurus seconded, to assess ASSESSMENTS - WATER 2440, 2450, 2414 & 2416 Carman Street at residential 2440, 2450, 2414 & 2416 water rates in accordance with approved development. Carman Street Total Assessment $6,722.20 Amount Paid $5,322.23 Amount Due $1,399.95 Motion, Ayes (3) - Nays (0). Mayor Van Nest moved, Pesek seconded, to re- apportion sewer lateral and interceptor assess- ments according to the front footage and areas of revised platting collecting additional units with each new connection as per City policy. Motion, Ayes (3) - Nays (0). Mr. Alan Olson, Assistant Building & Zoning Administrator, entered into the record the following information cori::erninq a variance request of Harry Gustafson, 2515 Kelly Avenue, dated November 16, 10'/7, which states: ASSESSMENTS - SEWER 2440, 2450, 2414 & 2416 Carman Street VARIANC. 2515 Kelly Avenue 4341 Harry Gustafson (Continued)