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i i LAKE ELMO PLANNING COMMISSION STAFF REPORT Date: April 19, 2006 for the Meeting of April 24, 2006 Applicant: Jason & Shannon Tacheny Location: 8009 Hill Trail Requested Action: Zoning Variances - Lot Area and Street Setback Land Use Plan Guiding: SRD Existing Zoning: R-1 (Shoreland Overlay) Site History and Existing Conditions: Washington County Assessor records indicate that this home was constructed in 1945 and today contains a total of 1,148 square feet of living area. There have been numerous building permits issued for replacements, remodels, porch and new detached garage since City records have been kept on this address. A single user 201 septic system was installed on the site in the mid-1980's along with several other sites in the Tri-Lakes and Old Village areas. County records reveal the site area to be 17,629 square feet. Discussion and Analysis: The applicants propose construction of a 2 story addition to the east end of house of approximately 1100 square feet which we understand will be utilized for a family room (ground level and 3 additional bedrooms (second story). The applicant states that the existing house floor plan only includes one legal bedroom. The applicant's plan for the addition is not compliant with R-1 or Shoreland standards as follows: 1. The site area is substantially non -conforming with the "pre-existing parcel" area standard of both R-1 and Shoreland — 39,204 square feet required, and 17, 629 square feet existing. 2. The addition would be located 27.5 feet from the street property line on Hill Trail. R-1 standards require a minimum 30 foot street set back. The applicants have suggested that the "hardship" here relates to the size of their family and the lack of sufficient bedrooms to properly house a family of that size. While that does not constitute a hardship alone (except a self-imposed hardship), a single family detached home with only a single legal bedroom (which likely was 2 legal bedrooms under 1945 codes — if any applied) could be considered a hardship for any property owner. The street setback proposed (27.5 feet where 30 feet is required) exactly matches the existing setback of the 1945 house footprint. No additional encroachment to Hill Trail will result. As is often the case with properties in the Hill Trail neighborhood, site area is seriously below current R-1 and Shoreland standards — even by applying the "pre-existing" parcel clause of the Zoning Ordinance. Seldom is there a reasonable option available to increase the parcel area — as is the case here. Where this has been the case in recent variance applications (most of which have I been