Chair Thiesse and Planning Commission Members Doug Reeder, Interim City Administrator. Melanie Curtis, Planner mcc.

Transcription

1 Date Application Received: 04/19/17 Date Application Considered as Complete: 05/03/17 60 Day Review Period Expires: 07/02/17 To: From: Chair Thiesse and Planning Commission Members Doug Reeder, Interim City Administrator Melanie Curtis, Planner mcc Date: 15 May 2017 Subject: # , Jason & Anelise Peterson, 4105 Highwood Road, Variances Public Hearing Application Summary: The applicants are requesting the following in order to construct a new home to be attached to the existing garage: 1. Side yard setback variances for the new home and tiered decks; 2. An average lakeshore setback variance for the new home and tiered decks; 3. A hardcover variance to permit 28% hardcover where 34% exists and 25% is allowed; and 4. A variance from the defined height of 30 feet. Staff Recommendation: Planning Department Staff recommends approval of the setback and height variances for the home. Staff recommends denial of the setback variance to permit a 2 foot setback for the deck and the hardcover variance. See Page 6. Background The applicants are purchasing the subject property. They wish to remove the existing home which sits about 43 feet from the lake and construct a new home to be attached to the existing garage (constructed with variances in 1996). The new home is to be 5.2 feet from the west property line (10 feet required) The home will maintain a 10 foot setback from the east property line, and be approximately 77 feet from the lake. A wood deck is proposed to follow the 75 setback line, but will not encroach into this lake yard. The southeast corner of the home will encroach into the average lakeshore setback line approximately 5 feet, the deck in this location will encroach approximately 12 feet. The proposal results in 28% hardcover, a reduction from the existing 34%. Additionally, the new home will be attached to the existing 3 level detached garage, the new home will be 32 feet in defined height where 30 feet is permitted.

2 FILE # May 2017 Page 2 of 6 LOT ANALYSIS WORKSHEET Section Setbacks: LR 1B Required Existing Proposed Rear/Street garage 54 house East Side garage 10 house West Side 10 3 garage 5 house 2 3 level deck Lakeshore house 76 house The existing home encroaches entirely lakeward of the Average Lakeshore average lakeshore setback line. The proposed home will have a 12 foot encroachment for the deck, and a 5.3 foot encroachment for the home. Section Lot Area/Width: LR 1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140 Actual 8,377 s.f. (0.19 acre) OHWL / 75 SB Section Structural Coverage: The proposed tiered lakeside decks do not have a roof and therefore are not considered structural coverage. Total Lot Area Total Structural Coverage 8,377 s.f. (0.19 acre) Allowed: 2,000 s.f. * Proposed: 1,684 s.f.** * (a)(2) On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 2,000 square feet. ** (b) Calculation of massing. The following shall be included in the calculation of the total combined footprints by structures: (1) All roofed structures where the highest point of the roof is more than six feet above existing ground level. Section Hardcover Calculations: Stormwater Overlay District Tier Tier 1 Total Area in Zone 8,377 s.f. Allowed Hardcover 2,094 s.f. (25 %) Existing Hardcover 2,837 s.f. (33.9%) Proposed Hardcover 2,342 s.f. (27.9%) Applicable Regulations: Side Setback Variance (Section ) The applicants are proposing to connect the new home to the existing garage. They are offsetting the house to improve the substandard setback set by the garage by approximately 2 feet. A setback variance is needed as the required setback is 10 feet; the proposed setback for

3 FILE # May 2017 Page 3 of 6 the home is 5 feet. Additionally the three tiered lakeside deck proposed is set back 2 feet from the side lot line where a 10 foot setback is required. Defined Height Variance (Sections 78 1 & ) The lot slopes from the road to the lake significantly. In the location of the proposed building pad (garage + house) the slope is 20%. The existing garage measured alone has a defined height of 22 feet; the new home measured alone has a defined height of 30 feet. Because the applicants are proposing to connect the new home to the existing detached garage they must be measured together; the new building height is now defined as 32 feet. The garage height is not proposed to be increased. City Code Section allows for the height of structures on lots with a 25% or greater slope in the location of the building pad to increase by 12 feet in height over the 30 foot limitation. This lot has a 20% slope in the building pad location. Average Lakeshore Setback Variance (Section ) The existing home to be removed is detached from the garage and is situated entirely within the 75 foot lake setback. The new home will comply with the lake setback requirement but will be slightly lakeward of the average lakeshore setback. The home will encroach 5.3 feet lakeward of the average lakeshore setback line; the attached multitier decks will encroach as much as 12 feet lakeward of the average lakeshore setback. Hardcover Variance (Section ) The applicants proposal results in a reduction from existing hardcover both in the 0 75 foot zone and for the property overall. However, they are requesting a variance to permit approximately 28% hardcover. They have provided some solutions for stormwater mitigation to offset the requested variance (see Exhibit G). Governing Regulation: Variance (Section ) 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 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 new home is residential in nature. Due to the separation distance between the adjacent homes, there is adequate space for light, air and open space between the

4 FILE # May 2017 Page 4 of 6 addition and the neighboring homes. The lake setback of the proposed home is an improvement over the existing. The variance is in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan. The setback variances allowing construction of a single family residence in a residential zone are consistent with the Comprehensive Plan as well as the character of the neighborhood. The variance to permit a hardcover level exceeding the 25% allowance is inconsistent with the comprehensive plan s lake protection philosophy. 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 request to permit construction of a new home with a tiered deck, within the 10 foot side setback appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property from adjacent neighbors. The height of the new portion of the home will be lower than the existing garage to which it is being connected. b. There are circumstances unique to the property not created by the landowner; The height of the existing garage, the slope, the shape and size of the property were not the result of actions by the applicants. The nearest structures on the neighboring properties are offset and set back sufficiently to allow for light, air, and open space between each of the homes; and c. The variance will not alter the essential character of the locality. The setbacks or defined height of the proposed new home will not alter the character of the neighborhood. The setback of the proposed tiered decks should be adjusted to meet the 5 foot setback of the home. The proposed open post construction of the tiered decks will permit drainage to be maintained. Stormwater drainage in this neighborhood is challenging. Additionally City Code 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 residence is an allowed use in the LR 1B 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 topography, lot width, and the garage s proximity and orientation to the property line are special conditions unique to the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The topography, which drops off steadily as you move toward the

5 FILE # May 2017 Page 5 of 6 lake, the lot width narrowing from the lake toward the road, as well as the nonconforming location of the garage on the lot make this property unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Options for a conforming connection to the existing garage are severely limited on the property. Staff finds the defined height and setback variances for the house are necessary to preserve the property right of the applicants. The requested hardcover variance and the additional encroachment proposed for the tiered deck are not necessary for the preservation of a property right. 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 defined height and setback variances for the home will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. The requested hardcover variance and the setback variance to permit a 2 foot setback for the tiered decks is contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The lot width; the location, height, and size of the existing garage to be connected to; as well as site topography, create practical difficulties affecting the Property. The setback and defined height variances for the home are necessary and will not merely serve as a convenience to the applicants. The requested hardcover variance and the setback variance to permit a 2 foot setback for the tiered decks are not supported. 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 There are numerous practical difficulties inherent to the property supporting the setback variances to connect a new home to the existing garage such as the drainage, topography, the location of the neighboring homes, the way the lot narrows as it goes from the lake to the road restricting the buildable area to approximately 20 feet in width at the narrowest (and 21 feet where it connects to the garage), and the location the garage to be connected. Staff supports the setback variances to connect the home to the garage. Staff further suggests denial of the additional setback for the tiered deck and hardcover exceeding 25%. The decks should be reduced to match the 5 foot setback of the house; this will also reduce hardcover by at least 67 square feet. Further staff supports the variance to the defined height. Engineer Comments The City s engineer has preliminarily reviewed the plans. He did not identify any concerns. He will

6 FILE # May 2017 Page 6 of 6 conduct a more thorough review at the time of the building permit. 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 Planning staff suggests approval of the side setback for the home to be 5 feet from the side lot line; approval of the average lakeshore setback for the house and tiered decks. Denial of the 2 foot setback for the tiered decks; and denial of the hardcover in excess of 25%. The variance resulting in a defined height of 32 feet is also supported. The Planning Commission may consider the following alternative motion: 1. Approval of the requested variances as proposed: side setback for the home at 5 feet; side setback for the tiered decks at 2 feet; average lakeshore encroachments for the home and deck; and hardcover at 28% where 25% is permitted. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Exhibit J. Exhibit K. Exhibit L. Application Practical Difficulties Documentation Form Narrative & Additional Materials from Applicant Proposed Plans and Elevations Proposed Survey/Site Plan Submitted Hardcover Calculations Drainage Information City Engineer Comment Height Analysis Plat Map Property Owners List Aerial Photos

7

8

9

10

11 From: To: Subject: Date: Attachments: Jason Peterson Melanie Curtis Re: 4105 Highwood Rd / # Wednesday, May 03, :40:20 AM Hardcover worksheet.pdf 4105 Highwood Rd pdf RE_Requested documents for Variance letter.docx A1 Application Footprint.pdf A2 Application South and North Elevation.pdf A3 Application East Elevation.pdf A4 Application West Elevation.pdf PC Exhibit C # Hi Melanie, I agree we all spent lots of time on this and added many details to ensure a smooth process. It was such a short time line we were up against and I am learning lots on what is required so appreciate the extra time to get more details together. I am glad you received all the documents. I have attached electronic version of all documentation as well as I know that was requested previously. Also after many conversation with Designer and Tom B. and the neighbors we feel that having a home with a deck is a critical component of a lake home although I do recognize it goes over the 25% although as you see we are suggesting many water mitigation efforts to over compensate for this small overage. We are also open to other water mitigation efforts that are suggested. As you see we also re-designed the home so that there is no variance needed on the east side of the property line. Removing almost 1,600 sqft of hardspace that is within the 75 foot setback and reducing from the current 33.9% hardcover for 20 years is a significant improvement to the community and lake shore quality. Please let me know if you see any concerns or items that we need to address prior to the 5/15 meeting. Have a gooday Jason On Wed, May 3, 2017 at 9:27 AM, Melanie Curtis <MCurtis@ci.orono.mn.us> wrote: Jason Are you able to have your surveyor send the PDF of the revised survey? The quality is so much better if they send direct rather than me scanning it. Thank you.

12

13

14

15 PC Exhibit D #

16

17

18

19

20 PC Exhibit F #

21

22 PC Exhibit G #

23 File # [TotalPC Pages 32] From: To: Subject: Date: Adam Edwards Melanie Curtis RE: # for 4105 Highwood Lane Thursday, May 04, :36:00 PM Exhibit H # Melanie, Nothing from me at this point. Appears feasible. Adam From: Melanie Curtis Sent: Wednesday, May 03, :40 AM To: Adam Edwards <aedwards@ci.orono.mn.us> Subject: # for 4105 Highwood Lane Adam Please review the survey and plans for the new home to be connected to the existing garage at 4105 Highwood Lane. Please provide written comments by or before Tuesday, May 9th. Let me know if you d like additional information. Thank you. Melanie Curtis, Planner Direct Planning & Zoning Office Kelley Parkway, Orono, MN mcurtis@ci.orono.mn.us Website:

24 PC Exhibit I # ft 32 ft ~954' The garage and home are being attached. The height of the total home is reviewed against the building height definition: The highest existing adjacent grade is 962' and the lowest is 944'. The code says to measure the vertical distance between the highest existing ground level (962') or ten feet above the lowest ground level (lowest grade ' = 954'), whichever is lower and the median height of the highest gable of a pitched or hipped roof. In doing this, The garage peak technically the highest peak. The resulting defined height is 32 feet.

25

26

27

28

29 PC Exhibit L #

30 Facing North

31 Facing West

32 Facing South