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Home My WebLink About#3603-variances-1995 � a. � O� O 0��, �� CITY of OR4N0 I � 6� ��i �''� �'�i RESOLUTION OF THE CITY COUNCIL �9kESH�g'� NO. 'e� � � � A RESOLU"CION GRANT'II�TG '�'.�ZL4NCES TO NILTIICIPAL �ONI.�'�TG COD� SECTrON 30.�3, SUBDI�ISIONS 9 (D), 12 AND 14 (C); SECTIOi� Z4.22, SUBDIVTSION 2; �iND SECTION 10.2�, SUBDIVISION 5 (B) FILE #2033 1�HEREhS, Do:iald R. Kielley and Arlene Kielley (hereinafter "the applicants") are owners of the property located at 1670 Shadywood Road within the City of Orono (hereinafter "City") 2rd legally described as follows: The South 2' of Lot 7 and all of Lot 8, Shadywood, Hennepin Counry, i�Iinnesota (hereinafter "the property"); and �'��I�REAS, the applicants have applied to the City for variances to �Iunicipal Zor.ing Code Sections 10.03, Subdivisions 9 (D), 12 and 14 (C); 10.22, Subdivis�on 2; and 10.25, Sui�division 6 (B) to permit construction of an additiun at 361.7� s.f. to u.:e street side of the �:xisting resi�ence to be placed 6' irom the nortii side iot line where a lG' setback .is reqused and �vhere t�e existinD structure is locate�+ �" frem the iot line. '�'he 20.:'x24•2 �ztached �arage shall be rel�cated within �oundaries cf properry and wiil b:, placed 2.ii' fr�� thz Str�et lot line where a 10' setback is reauired and wh�re the �ara�e �ncroaches thL Cour.ty Rcau bv 7.1'. The garage will also be placed 3.3' from a se�ond accessor;,' structure where a 10' setback s�paration is required and 3.5' from the nor�h side lot line «-here the gara�e had existed 3.�' fr�m the north lot line. The improvemer.t will result :.^. a structural coverage exces� of Sg0.7 s.f. or 47o for a total of 2,755.7 s.f. or 19% where i5% is allowed and l�.ti% exists and a hardco��er variance wi[hin the 7�-250' setback area or 1,5�2.� s.f. or 15.8% with total hardcover of at 4,007.4 s.f. or 40.8%o where 25%o is �llowed and �1.G�: �xists. �pW, 'THEREFpRE, BE IT RES'OLi�'� b�� the Ci�� Council of Orono, Minnesota: FII�TDI1�'GS 1, This application was reviewed as �oning File �2033. Pa�e 1 of 6 .f ! � O� O O 1 �, C ITY of ORONO ,� �I� �� '� RESOLUTION OF THE CITY COUNCIL �9kESH�S�c�' NO. � � o � 2. The property is located in the LR-1C, Lakeshore Residential Zoning District requiring .� acre or 21,780 s.f. The property consists of 14,�00 s.f. or .33 acres. 3. The Orono PlanninJ Commission reviewed this application on July 17, 1995, and recommended apgroval of the variances as amended based upon the following unique fmdings and hardships: A. Limitations on the lot area and width of property cannot be remedied because th�re is no adjacent undeveloped lands available for combir_ation. B. � Location or home on adjacent properry to tne north will minirnize aziy impact of the substandard side setback. G Majority of the lot except for the last 20' adjacent to the sh�reline is flat. There are extensive grassed areas to allow for drauiage to run over lawn areas.before entering lake. D. 505 s.f. of new structure will be offset by being placed over approximately 189.5 s.f. of existing pavement and landscape areas underlain with plastic. E. The residence structure has no basement area. The two detached garages � on the property are also used for residential storage. F. In 1982, the City granted setback and hardcover variances for the second garage on the property. G. 'The property is served by municipal sewer and water. H, The groposed 'unprovement will result in a reduction of hardcover within the 0-75' setback area at 225 s.f. or 4.8�'o and in the 75-250' setback area there is a reduction of 1,065.b s.f. or 10.8%. Page 2 of 6 s a. O� � O O �,. ,, CITY of ORONO � '" . ,� G'ti RESOLUTION OF THE CITY COUNCIL t9kESH�g� NO. �� D 62 4. The Ciry Council finds that the conditions existing on this properry are peculiar to it and do not apply generally to other property in this zoni�g district; that grantin� the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviatz a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keepin� with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5, The City Council has considered this application including the fmdings and recommendations oi the Planning�Commission; reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIQNS, ORDER AI�1D CO?\TDITIONS Based upon one or more of the above findinQs, tile Orona City Council hereby grants variaaces to Municipal Zoning Code Sections noted above to permit construction of a 361.75 s.f. addition to the street side of the existing residence, grants a lot covera�e variance of 580.7 s.f. or 4%, hardcover variance within the 75-250' setback of 1,552.4 s.f. or 15.8%, a side setback variance of 4' or 40% for the addition to the principal structure and for the relocating of the detached araae the City grants separation setback variance of b.7' or 67%, g � a street setback variance of 7.4' or 74% and a side setback variance of 6.5' or 65%. This approval is subject to the following conditions: 1. All hardcover unprovements scheduled for removal and as shown on Page 6 of this resolution shall be completed prior to the footing inspection for new construction. 2. The area between the detached garages shall be cleared of all hardcover improvements and replanted with grass or other suitable around cover. ;. Applicants and future owners are placed on notice that any future requests for structural additions to the residence, accessor�� structures or additions to existin; accessory structures may be approved only with matchi.ng or areater removals of existin� structural improvements on the property. Page 3 of 6 .� ! � O� �O O ; , CITY of ORONO � � � \�',� G'� RESOLUTION OF THE CITY COUNCIL �9kESH�g� NO. `� � � .� 4. Authorities aranted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a buildin� permit wirhin one year of the date of Council approval, or this variance will expire on that date (September 11, 1996). �. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically termina�e any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution �in the chain of title of the property. Adopted by the Orono City Council on this llth day of September, 199�. A �..ST: � . / ' �� i� � .; , % , � r orothy M. a lin, City Clerk Edward J. Ca la�ian, Jr., ayor ` l/ � " �, -��t..�.c.� Properry Owner(s) STATE OF hitNNESOTA ) ) ss. COU?�TTY OF HENNEPIN ) The foregoin� instrument was acknowledged before me on u'�is llth da}� of September, 199�, by Edovard J. Callahan, Jr. & Dorothy M. Haliir�, Mavor & Cir;� Clerk ef the City of Orono, a 1tilinnesota municipal corQoration and said instrument was executed on behalf of the City. ;%�� .�� ;�. �/�.�-� �:';;•w LINDAS.VEE No��, p�,lblic NOTARY PUBLIC-MINNESOTA :'�'�: r' HENNEPIN COUNTY � �...a.. My Commissi�Expires Jan.31,2000 Page 4 of 6 • . a / � O� ��O O ��I CITY of URONO ,. ,� .� � `��',� �'ti RESOLUTION OF THE CITY COUNCII ��kESH�¢� NO. 'e� � 0 � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � � day of �1 c��G�`' , 199�before me a Notary Public within and for said county,personally appeared � - - . • r l r� , �'. f; -- 1 :-- l:n o w n t o m e t o be the person(s) described in and who executed the foregoing instru nt,and acknowledaed that he (they) executed the same as his (their) free act and deed. CARGLE 1 BOGUT � ,��...¢o NOTARY PUBUC—MINNESOTA -•�G - � �� HENNEPIN COUNiY NOTARY PUB�LIC � My comm�ssion expires O1 31 00 ....� STATE OF MINNESOTA ) ) ss. 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