HomeMy WebLinkAbout#17-3965 Exhibit D PC ReportDate Application Received: 8/23/2017
Date Application Considered as Complete: 9/7/2017
60-Day Review Period Expires: 11/7/2017
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Laura Oakden, Planner LLO
Date: September 18, 2017
Subject: 17-3965, Gordon James Construction o/b/o David and Lynn Gutermuth, 2665
Casco Cir, Variance request, Public Hearing
Background
David and Lynn Gutermuth are working with Gordon James Construction to demolish the
existing home and rebuild a new single family home on the site. They would also like to correct
the drainage problems on the site. They are requesting lot area and lot width variances which
would allow them to reconstruct a new home on a lot that does not meet the minimum
requirements of the LR-1C zoning district. They are requesting a variance to add retaining walls
within the 75 foot lake yard setback to address concerns with water and drainage. Along with
the retaining walls they will adding stairs for access and additional planting throughout the yard.
The current site currently has 40% hardcover. The Gutermuths and Gordon James worked to
design a home that would not exceed 20% structural coverage. They are requesting a hardcover
variance at this time to permit hardcover 171.25 square feet over the maximum allowed (25%)
to accommodate the home and other site improvements.
LOT ANALYSIS WORKSHEET
Section 78-350 - Setbacks:
Front 30’
Lakeshore 75’
Application Summary:
site and is requesting the following: A setback variance for construction of the new retaining
walls within 75 feet of the OHWL; a hardcover variance to exceed the 25% limitation by 171.25
Staff Recommendation:
setback variance, lot area, and lot width variance. Further staff recommends denial of the
#17-3965
Council
Exhibit D
FILE # 17-3965
Meeting Date 9/18/2017
Page 2 of 5
Average Lakeshore The proposed principle structure is located behind the ALS
Section 350- Lot Area/Width:
DISTRICT LR-1C Lot Area Lot Width
Section 78-1403- Structural Coverage:
Total Lot Area Total Structural Coverage
Section 78-1680 and 78-1700 -Hardcover Calculations:
Overlay Total Area
in Zone
Allowed
Hardcover Existing Hardcover Proposed Hardcover
Tier 1 12,873 s.f.
Applicable Regulations:
Lake Setback Variance (78-1279)
Retaining walls are not permitted within 75’ of the lake. Therefore the applicant is requesting a
setback variance. The applicant’s plan involves installing new stairs to gain lake access and
installing new retaining walls to support the stairs. Stairs are permissible. With the walls. the
applicant is hoping to be proactive in protecting the trees, vegetation, and shoreline on the
property. The walls as proposed range from 1 to 6 feet in height. Because some of the walls will
exceed 4’ in height, engineered design is required. Site pictures are included in the packet to
illustrate the existing drainage and slope issues on the site.
Hardcover Variance (78-1700)
This property is located in the Tier 1 of the Stormwater Overlay District which permits a
maximum of 25% hardcover on the lot. The applicant is proposing 26.33% hardcover which is
171.25 square feet over the allowed amount.
Lot Area and Width Variance (78-350)
Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet
the minimum area or width requirements for the respective zoning district. Substandard
properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped
without variances if specific standards are met; such as:
1. All setback requirements can be met.
2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can
be installed or the lot is connected to a public sewer; and
3. The impervious surface coverage meets all hardcover location and square footage
restrictions of this chapter and the total square footage of hardcover does not exceed
FILE # 17-3965
Meeting Date 9/18/2017
Page 3 of 5
25 percent of the entire lot area.
4. All other zoning district standards can be met.
The applicant’s request for the lake yard setback and hardcover variances result in the
property’s inability to conform to numbers 1, 32, and 4 above. Therefore, lot area and width
variances are also required in order to redevelop the property.
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.
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
lot width and lot area variances requested are consistent with the general intent of
the Ordinance. The lake yard setback variance for retaining walls within the 0-75 is
reasonable and necessary to address support the permitted stairs which will be set
into the grade. However the hardcover variance to allow excess of 25% coverage does
not meet the general intent of the ordinance.
2. The variance is consistent with the comprehensive plan. The variances resulting in a
permit for construction of a single family residence with lake access stairs in a
residential zone are consistent with the Comprehensive Plan.
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 property owner is proposing to use the
site in a reasonable manner by proposing to build a new home that results in
less hardcover then what currently exists on the site. The property owners are
working to use the site the way it was intended for single family use.
b. There are circumstances unique to the property not created by the landowner;
The sub-standard size of the Property was not the result of actions by the
landowner. The lake yard setback variance request to add retaining walls
within the 0-75 should address the addition of the set-in-grade stairs which
helps to speak to the owners’ stated drainage and erosion issues from
neighboring lots. The neighboring stormwater drainage encroachment is
outside of the owner’s control. The owners have not satisfactorily provided
evidence that their request for the hardcover variance is due to circumstances
outside their control; the applicant is building and designing a new home; and
FILE # 17-3965
Meeting Date 9/18/2017
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c. The variance will not alter the essential character of the locality. The lot area and
width variances will not alter the character of the neighborhood; a home
previously existed on the property. The lake yard setback variance and
hardcover variance will not alter the character of the area.
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 single family home is 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 substandard lot width and lot area of
the Property is not uncommon in the surrounding neighborhood. The stated drainage
issues create increased difficulty for protecting the shoreline of the lake.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. Granting the requested variances will provide relief to the applicant
regarding the lot size and their stated erosion issues within the lake yard on the
property. The applicant has not provided clear practical difficulty supporting the need
of a hardcover variance to meet this criteria.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting the requested variances will provide
relief to the applicant regarding the lot size and erosion issues in the lake yard on the
property. The applicant has not provided clear practical difficulty sporting the need of
a hardcover variance to meet this criteria.
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 size of the Property; the erosion
issues identified in the lake yard of the property create practical difficulties affecting
the Property; the lot width, lot side and lake yard setback variances are necessary and
not merely serve as a convenience to the owners. The requested hardcover variance
appears to serve as convenience to the applicants which can be resolved with a design
modification.
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.
FILE # 17-3965
Meeting Date 9/18/2017
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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 practical difficulties inherent to the lot shape, size, and due to drainage
and erosion that has taken place in the lake yard. The applicant has provided a landscape
improvement plan which appears to offer relief to the shoreline and lake yards on the property.
The applicants are designing a new home on the site and have flexibility regarding the hardcover
supporting the new home on the property. The applicant has not provided clear practical
difficulties to support a hardcover variance.
Engineer Comments
The City Engineer will conduct a review of the proposed plans when a building permit is submitted.
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. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Staff recommends approval of the requested lot width, lot area, and lake yard setback variances
contingent on the applicant providing plantings to screen the retaining walls from the lake view.
Staff recommends denial of the hardcover variance or submittal of revised practical difficulties
which meet the variance criteria and support the granting of this variance.
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Existing & Proposed Survey/Site Plan
Exhibit D. Landscape Plan
Exhibit E. Photos
Exhibit F. Proposed Plans and Elevations
Exhibit G. Submitted Hardcover Calculations
Exhibit H. Property Owners List