April 4, 2006 CCP - Laserfiche WebLink

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Public Hearing: Variance to OHW Setback and Minimum Lot Size Requirements, 8160 Hill Trail N. The Planner explained the application proposes the razing of an existing home and complete construction of a new home on a lot fronting on both Lake Demontreville and Lake Olson. The Planner said the original home does not comply with Shoreland Setback Standards; and, that construction of a new home on this non -conforming parcel is difficult without variances. The proposed home is 52 feet from the OHW mark of Lake Demontreville. He said that legal non- conforming status expires should the existing home be removed. The proposed home is much larger than its neighbors' homes. Positive findings can be made for the variance to shoreland setback, but the new construction on a non -conforming lot by area could establish a problematic precedent with carefully crafted findings addressing specific circumstances.. The Planner advised the Commission that he has worked with the City Attorney on potential findings that could support all of the variances requested, including new construction on a non -conforming lot, as follow: 1. The property can not be put to reasonable use without the granting of the variances requested. The OHW setback variance is the minimum possible given the unique circumstances of the parcel essentially "fronting" two lakes. The lot area variance responds to this "reasonable use" Finding only due to the existence of a habitable dwelling and functioning private wastewater treatment system on this parcel. This Finding would not be applicable were this non -conforming vacant parcel of similar parcel area non- conformity. 2. The variances requested result from circumstances unique to this property platted prior to the adoption of Shoreland Regulations by the City resulting in OHW setback applicable from two lake frontages, and an existing home/functioning private wastewater treatment system constructed prior to current zoning ordinance/City Code lot area and septic treatment standards; and, the circumstances of the variance were not solely created by the applicant. 3. Granting of the variance will not change the essential character of the neighborhood. Significant mature trees on the parcel will effectively mitigate the visual impact of increased structure mass of the new house. Based on those findings, the Planner recommends approval subject to the following conditions: 1. Compliance with VBWD recommendations pertaining to silt fencing, erosion control, and rain guttering. 2. The City Forester must be involved in the staking of trees on this lot prior to and during construction. Commissioner Schneider asked how tall the house will be from the lake. The Planner said he thinks about 30 to 35 from the adjoining ground level plus the elevation difference from ground near the house and the lake elevation — several more feet. Commissioner Fliflet asked if the chance of saving the trees is good. The Planner said the new house is a little bit farther from the lake but in an entirely new area on the parcel that will improve the odds on saving the trees. He also noted that the City Forester could participate in reviewing tree protection measures during construction Commissioner Ptacek asked about the backup septic system.