HomeMy WebLinkAbout18-3992 Kretsch (3155 Casco Cir) PC memo PCSRDate Application Received: December 1, 2017
Date Application Considered as Complete: December 1, 2017
60-Day Review Period Expires: January 29, 2018
60- Day Extension Period Expires: March 30, 2018
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Laura Oakden, Planner LLO
Date: January 16, 2018
Subject: 18-3992, Revolution Design and Build o/b/o Keven Kretsch, 3155 Casco Circle,
Variance request Public Hearing
Background
Mr. Kevin Kretsch and Mr. Rob Aldecocea with Revolution Design and Build have submitted an
application for an average lakeshore setback variance. The applicants are currently building a
new home located on the site and propose a new deck for the home. The new deck will be shorter
than the previous deck and slightly taller. The overall footprint of the new deck is less compared
to the original deck. The existing deck was encroaching into the average lakeshore setback
roughly 17 feet and the new proposed deck will encroach roughly 11’6” feet into the setback. The
previous deck was a two level deck that sat 7 feet and the second level was 5 tall both with a 3
foot deck railing. The new proposed deck will be 9’6” tall with a 3 foot deck railing. The new deck
will be roughly 2 feet taller than the taller section of the previous deck. This home received a
variance in September 11, 2017 for retaining walls in the 75’ lake yard to stabilize the shoreline.
LOT ANALYSIS WORKSHEET
Section 78-350 and 78-1680 Setbacks:
DISTRICT LR-1C Required Proposed
Rear 30’ 37.2
West Side 10’ 25.2
East Side 10’ 10.5
Lakeshore 75’ 122’
Average Lakeshore 132/ 137 feet 122 feet (12’ encroachment)
Section7 78-350 - Lot Area/Width:
DISTRICT LR-1C Lot Area Lot Width
Required 21,780 s.f. (0.5 acres) 100
Actual 30,622 s.f. (0.69 acre) 123’@ 75’ 130’@ OHWL
Stormwater
Overlay District
Tier
Total Area in
Zone
Allowed
Hardcover
Existing
Hardcover
Proposed
Hardcover
Application Summary: The applicant is requesting an average lakeshore setback variance for
a new deck to encroach 11’6” into the setback.
Staff Recommendation: Planning Department Staff recommends approval
FILE # 17-3992
January 16, 2018
Page 2 of 4
Tier 1 30,622 s.f. 7,463.5 s.f.
(25 %)
6,635s.f.
(21.67%)
6,198s.f.
(21.91%)
Applicable Regulations:
Average Lakeshore Setback (Section 78-1279):
Average lakeshore setback. No principal or accessory structure shall be located closer to the
lakeshore than the average distance from the shoreline of existing residence buildings on
adjacent lots; except that this does not apply to patios and other accessory structures less
than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump
houses. Further, the average lakeshore setback shall apply only to classified lakes and shall
not apply to tributaries. The average lakeshore setback line shall be a straight line connecting
the most lakeward protrusions of the residence buildings on the immediately adjacent
lakeshore lots.
Though the new deck is smaller than the existing deck, it is not being built in the same location
(higher) so non-conforming protections do not apply.
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.
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
proposed deck will be slightly taller than the previous deck but is proposed to have a
smaller encroachment of 11’6” into the average lakeshore setback. The applicant has
worked to mitigate the encroachment by proposing a deck that does not encroach as
much compared to the previous deck. The deck will not interfere with the sightlines of
the neighbors meeting the intent and purpose for the average lakeshore setback with
is a sightline setback for the lake.
2. The variance is consistent with the comprehensive plan. The variances resulting in a
permit for construction of a deck in a residential zone are consistent with the
Comprehensive Plan.
3. The applicant establishes that there are practical difficulties.
FILE # 17-3992
January 16, 2018
Page 3 of 4
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.
b. There are circumstances unique to the property not created by the landowner;
The neighboring home to the east is set back further from the lake than most
of the surrounding homes resulting in the unique average lakeshore setback
applied to the Property;
c. The variance will not alter the essential character of the locality. It does not
appear that the requested average lakeshore setback variance to permit the
deck will adversely impact views of the lake currently enjoyed by the adjacent
property owners.
d. 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 deck as an accessory to single
family dwelling are an allowed use in the LR-1C District.
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 abuts Lake Minnetonka with
both abutting neighbors setback over 130 feet from the lake. The proposed deck is
angled away from the neighboring homes as to not interfere with the sightline of the
lake.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The subject house if located closest to the lake in the area of Casco
Point, which gently curves.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The applicant states that the variance is
necessary. A deck lakeward of the home is a customary improvement in this area.
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
requested variances will not adversely impact health, safety, comfort, or morals; nor
will it be contrary to the intent of the Code.
12. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty. The topography and location of
the adjacent home to the east create practical difficulties affecting the Property; The
applicant was working within the footprint of the existing encroaching deck but is
slightly taller creating a new encroachment; the variances are necessary and not
merely serve as a convenience to the owners.
FILE # 17-3992
January 16, 2018
Page 4 of 4
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.
Septic System Status
The property is served by City sewer.
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 that there are demonstrable practical difficulties supporting the average lakeshore
setback variance request.
Public Comments
Staff received an email for an Orono resident who provided comments of concerns
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. Are there any other issues or concerns with this application?
Planning Staff Recommendation:
Planning Staff recommends approval of the variance.
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Neighbor Acknowledgement Form
Exhibit D. Survey and 3D Sketch
Exhibit E. Submitted Hardcover Calculations
Exhibit F. Resident Comments
Exhibit G. Map and Property Owners List