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<br />City Council, Harley A. Marohn <br />November 21,1994 <br /> <br />Page 2 <br /> <br />. <br /> <br />also requires that all new housing construction include a minimum of one ten <br />(10) foot wide single-stall garage. <br /> <br />Access to Mr. Marohn's property, which is a municipal sewered parcel located <br />along Lake Orono, is via a private road. Fifth Street ends as a public street <br />before Mr. Marohn's property and the remaining portion of the street is an <br />easement for a private road. <br /> <br />Located on the lot are numerous trees that would be considered significant <br />and Mr. Marohn desires to keep as many of the trees as possible during the <br />construction of the garage. Staff would also encourage preserving the <br />existing trees during the construction of the garage. <br /> <br />The Minnesota Department of Natural Resources (D.N.R.) has been contacted <br />in regard to this matter and has verbally commented approval of the <br />variance, but recommended to minimize the impact along the shoreline. The <br />D.N.R. is recommending that the structure be located at least twenty-five <br />(25) feet from the O.H.W. mark. <br /> <br />. <br /> <br />APPLICANT'S REASON'S FOR VARIANCE REQUEST <br /> <br />Mr. Marohn explains that because of the shape of the lot that a garage can <br />not be built without being in the shoreland setback area. He also mentions <br />that the construction of a garage would improve the site rather than detract <br />property values. He mentions that he would be able to store items inside of <br />the garage rather than store them outside. One item that Mr. Marohn did <br />not mention in the letter, but discussed in conversation was that there are <br />numerous trees located on the lot and he would like to save as many trees as <br />possible with the construction of the garage. <br /> <br />ANALYSIS <br /> <br />Whenever a variance is requested, consideration must be given to whether or <br />not precedence will be set by the actions taken. If a variance is granted from <br />the City Code requirements, will this set precedence for future applicants? In <br />relation to this particular request, findings can be substantiated that <br />precedence will not be set by allowing the variance request. <br /> <br />. <br /> <br />Staff is in favor of allowing the variance for the construction of a garage, but <br />there are two items that staff addressed. The first item is the size of the <br />garage. Is the applicant proposing to construct a garage that may be too <br />large for the site and could a smaller garage be constructed without a <br />variance. Staff is of the opinion that the proposed garage is not an unusual <br /> <br />marohn.troy <br />