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• , . Melanie Curtis From: Melanie Curtis Sent: Monday, April 18, 2011 1:48 PM To: 'tmmccune@me.com' Cc: Lyle Oman Subject: 1473 Bay Ridge Rd Attachments: Variance Application -entire packet 2011.pdf Hello Tom I have read the letter you sent to Lyle Oman, and have reviewed your property file. I also received your voicemail from this morning. Your property is located within the LR-1A zoning district. The zoning code relating to this zone may be found here. When looking at the survey in your file (dated 1995) it appears that your home sits f16-feet from the south, side lot line and approximately f 14-feet from the north, side lot line. The required principal structure setback from the side lot lines in this district is 30-feet. If your project will not increase the height of the roof from what is existing (at all) in the area of the 30-foot setback it can be done with a staff-issued building permit. From my reading of your project description it seems the roof pitch would be increased and the portions of the roof within the 30-foot side setback would get taller. Is this correct? If so the approval is a bit more involved; a City Council-approved variance would be necessary. I believe you went through the City's variance process in 1995 with the addition to your home. Today's process is a bit more entailed than the process in 1995 and there are some additional factors at play. Last summer the State Supreme Court made a ruling on a variance appeal which caused the granting of variances to be put on hold. I can discuss this with your further if you'd like but for all intents and purposes the type of variance you would be requesting would not be able to be approved today. The Legislature is currently reviewing a bill which would allow Cities to grant variances again. Our latest update says this may be adopted and put into law around Easter. Again, we can discuss this more if you'd like but essentially my advice to you would be to make an application for a variance by our April 20`h deadline so you are not held up a month if the law is approved next week. If the law gets hung up and for some reason doesn't pass quickly we can hold your application an additional month or so until it passes. I know this is a lot of extra information you probably weren't expecting. Please call me so we can discuss further. Thank you - Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning &2oning Office 952.249.4620 Email: mcurtisCo2ci.orono.mn.us Website: www.ci.orono.mn.us 1