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Home My WebLink About#5475-variances-2006CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 5 4 7 5 A RESOLUTION GRANTING SETBACK, HARDCOVER AND STRUCTURAL LOT COVERAGE VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1435, 78-1405(6), 78-1438, 78-1403, and 78-1288 FILE NO. 06-3194 WHEREAS, Holly M. Eiss and David H. Eiss, wife and husband (hereinafter "the owners") are the owners of the property located at 1760 Shadywood Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 17 Shady Wood,, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, to allow construction of a detached garage the owners have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78- 1403 to allow structures to cover 20% of the lot when 20% currently exists and 15% is allowed; and WHEREAS, to allow construction of a detached garage the owners have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78- 1405(6) to allow a 6 foot side yard setback when a 10 foot setback is required; and WHEREAS, to allow construction of a detached garage the owners have made application to the City of Orono for a variance to Orono'Municipal Zoning Code Section 78 — 1435 to allow a 6 foot rear yard setback from Shadywood Road when a 10 foot setback is required; and WHEREAS, to allow construction of a detached garage the owners have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78 - 143 8 to place the garage 5.32 feet from the house when a 10 foot setback is required; and WHEREAS, to allow construction of a detached garage the owners have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78- 1288 to permit 53.5% hardcover in the 75-250 foot shoreland zone where 55.8% currently exists and 25% is allowed; and Page 1 of 6 0 LJ per`„ 0�O 1��. A4 G~4 CITY of ORONO RESOLUTION OF THE �ITY�COUNCIL NO. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 15, 2006, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File 06-3194. 2. The property is located in the LR -1C, Zoning District which requires a minimum lot area of .5 acre and a minimum lot width of 100 feet. The property has an area of 10,800 square feet and a lot width of 61.3 feet. 3. Street and side setback variances were approved for the existing garage when it was constructed in 1968. A side setback variance was granted in 1970 to allow construction of the front wing on the house and the tunnel to the garage. 4. The Planning Commission reviewed this application at a public hearing held on May 15, 2006 and recommended approval of the setback, structural lot coverage, and hardcover variances to allow a detached garage based on the following findings: a. The lot is deficient 38.7 feet in width and has only half the required area. b. Given the location of the house, without the setback and structure coverage variances there is no place for a detached garage on the property. Given the location and elevation of the house there is no feasible location for an attached garage. To not be allowed a garage on year-round residential property would be an undue hardship. c. The garage arrangement approved by prior variances has become hazardous for the owners because of increased traffic on Shadywood Road. d. The hardcover exceeds the minimums only to accommodate wheelchair Page 2 of 6 0 ri L-A CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5475 access to the house and to avoid requiring guests and delivery vehicles to back into Shadywood Road. e. The total hardcover associated with the garage on the lot and within the right of way would be reduced by about 100 square feet. f. The new garage arrangement will improve the safety of Shadywood Road by eliminating the backing movement from the roadway. g. The new garage arrangement will have a positive effect on the surrounding area by improving appearance of the property as viewed from the street. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the owners and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting 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 owners, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 78-1403, 78-1405 Subsection (6), 78 — 1435, 78 — 1438, and 78-1288 to allow construction of a new detached garage and driveway, subject to the following conditions: Council approval is based on the site plan submitted by the owners and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 3 of 6 • • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5475 2. Structural lot coverage shall be limited to 2,180 square feet or 20 percent per the proposed plan depicted on Exhibit A. 3. Hardcover in the 0-75' zone shall not increase above the level of 361 square feet or -7.7 percent as allowed by the variance granted in zoning file #99-2497. Hardcover in the 75-250' zone shall be limited to 2,976 square feet or 48.8 percent per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Owners are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 4. Owners shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non -hardcover surfaces. Owners shall also remove the existing sidewalk around the house. Required removals of hardcover shall be completed before the new garage is used. 5. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 12, 2007). 6. Once construction begins on the new garage variances granted for the existing garage shall terminate. 7. 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 terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of the owners and the owners' 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 the 12th day of June, 2006. Page 4 of 6 0 0 g �`9kESII�4� ATTEST: finda S. Vee, City Clerk Holly M. Ei s CITY of ORONO RESOLUTION OF THE CITY COUNCIL Amj)lir �- David H. Eiss STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this d of, 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal coiporai�on and said instrument was executed on behalf of the City. RACHEL DODGE 1 Lr MINNESOTA_NOTARY PUBLIC - .. 2010 lll./•/!!!lllll.�./.F/lll./1J!.l!!J� STATE OF MINNESOTA COUNTY OF HENNEPIN aock- Notary Public The foregoing instrument was acknowledged before me on this _�&day of 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. BOB i Page 5 of 6 is • O � SII0 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 7 5 h This instrument was acknowledged before me this ) � day of4��—, 2006 by David H. Eiss, husband of Holly M. Eiss. t-r././!-r!./.rlJRACHEL DODGE l�-�llllll�Y1llll-tel..! NOTARYPUBLCExp MINNESOTA 1 y Co=iss�ionExpires Jan. 31, 2010 STATE OF MINNESOTA Notary Public COUNTY OF HENNEPIN This instrument was acknowledged before me this to day of , 2006 by Holly M. Eiss, wife of David H. Eiss. Qat-t-�- Do Notary Public RACHEL DODGE NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 Page 6 of 6 uertificate 1 EXMBIT A 1 5475 1 -- - - - - - - ----- -- -- -- - - - - - •9Jd.09 ------------------- 1 � • 977.52 1 1 \ ' 9 1 1 \ 1 1 1 edge 01)"I 5} I / dock • b]S75 \ / / 939,86 Ec Novee � xx 94!.89 1 1 \ -ok fllV. � ` 1 .W W �9 \ 1 1 I I / • 94478 • 989.79 •9J9.6� � \ \ \ 116611\ ------------ \ ` 1 • 94869 row o/ ph. lice: \ 1 \ \ aAee 44d \ \ N90V0�4'f4 17D3 1 17144 41,45 • 941.51 • 941.43 10aZ5 • 8!0.67 \-• 1 • 94 • 94487 1.6 $� • 947.12 • 911.74 ' 94RHJ �S• 0.p0_� \ 1 JS /�7T/lTT//�7/!Tl 1 112 9JS f�mD `qq / \ ]5.25 I '� y .rot•:: ' - • 04465 1 Ft ft Coro/: GRACE _ E. Nauaau y • V0.96\ 1 i0. r PROPOSED 9 .e •• :"9193 1Y. 108 -R.V.2,r� n,{• 1 \ • ,r; eJD.7Jsxr fJ 6ui� f/.per•9411J • 9]9.66 1 I deck \ 1Fame x g /044 I 11 I� • 94147 942 pP�r�cpp dreapMg I a I I I �` rock rol-wl \ 1 S1d�eo0r I 1 \ ' 1 G • 940.39 1 J I • sir.9J � / �\k • Dtr.iJ • D41.57 1 ®8 40X / '` I .� .; • 910.78 1 936.14 ( ✓ r.1 \ 75' SETBACK \ • HI1.10 v V% Y•LJ`�SL ` 1 / 6>S 8®,t '' 6 jaiushopored fENt�` ' 941.70 �:.• 911.66 ��//{/ \ 1 35.05 , '>/ jH(-qy �" �daeapp;hMy • ddaraG • \ • 9,0.55 1 cone nnnawd • SF lJB.I7J ]715;� \ 1 N 2 7.23• _ - 18t \ Berrdrmodr� . `� � ..........:...... ................ ROt�9 37 •P• F \ Comgs !,ehru6 fma� 9�7` \ \ .RY.O. T829J 8 m \ \ l\ \ \ � 8 � \ � \ \ 1 • 8!670 \ \ O \ \ • 941]5 fr. Nouse I \ \ I fFffevl844A7 1 � � Ly440.80 \\\ 4 \ I • D4118 \ \ 941.61 66 \ - - - - - - - - - - - - - - - - - - - - - - - - - - - - \ \ c 1 \ 9\\ $ eet f1 \\\ rpo 9, 1 1 �` N \ a � rn —A 01 \land. -cope/ •':Y:. \\ rank EXHIBIT B 5475 TOTAL LOT AREA = 10,800.+ S.F. 14ARDCnVFR CAI CU1 A7TONS.• (75' SETBACK) EXIST. & PROP. STRUCTURE AREA PERCENT HARDCOVER EXISTING HOUSE 29 S.F. 0.69 EXISTING DECK 305 S.F. 6.5% EXISTING RETAINING WALL 27 S.F. 0.69 EXISTING CONCRETE 6 S.F. 0.19 EXIS77NG ROCK LANDSCAPING 6 S.F. 0.19 TOTAL AHtA WIIHIN LUI IU /5" IMM = 4/1Z 7,1 -- TOTAL HARDCOVER AREA = 373 S.F. TOTAL HARDCOVER = 7.99 HARDCOVER CALCULATIONS: (EXISTING) 75' to 250' S7RUC7URE AREA ER EXIS77NG HOUSE 1561 S.F. EXIS77NG DECK 79 S.F, T9.59 EXIS77NG DRIVEWAY 206 S.F. EXISTING RETAINING WALL 88 SF, EXIS77NG GARAGE 576 S F. EXIS77NO CONCRETE 187 S.F. J. i9 EXISTING CONCRETE TUNNEL 50 S.F. 0.89 EXIS77NG ROCK LANDSCAPING 1 650 S.E. 10.79 TOTAL AREA WITHIN LOT TO 250' TIER = 6odd SP, TOTAL HARDCOVER AREA = 3397 S.F. TOTAL HARDCOVER = 55.89 14ARnnnVF'R CAl Clll ATIONS: (PROPOSED) 75' to 250' STRUCTURE AREA PERCENT HARDCOVER PROPOSED GARAGE 590 S.F. 9.79 PROPOSED DRIVEWAY 549 S.F. 9.09 PROPOSED RETAINING WALL 40 S.F. 0.79 PROPOSED SIDEWALK 98 S.F. 1.69 EXIS77NG CONCRETE TUNNEL 32 S F. 0.59 EXISTING CONCRETE 27 S.F. 0.4.E EXIS77NG HOUSE 1561 S.F. 25.6% EXISTING DECK 79 S. F. 1.3R TOTAL AREA MTHIN LOT TO 250' 77ER = 6088 S.F. TOTAL PROPOSED HARDCOVER AREA = 2976 S.F. TOTAL HARDCOVER = 46.89 HARDCOVER CALCULATIONS: (LOT LINES EXTENDED TO STREET — EXISTING) STRUCTURE AREA PERCENT HARDCOVER EXISTING BIT. DRIVEWAY 949-.S.F. 65.79 EXIS77NG STEPS 16 SF 1.19 EXISTING RETAINING WALL 25 S F. 1.79 TOTAL AREA W177Y LOT LINES EXTENDED TO 250. 77EH = 7444 S.F, TOTAL AREA = 990 S.F. TOTAL HARDCOVER = 68.59 HARDCOVER CALCULATIONS. (LOT LINES EXTENDED TO STREET - PROPOSED) STRUCTURE AREA PERCENT HARDCOVER PROPOSED DRIVEWAY 224 S.F. I 19.49 TOTAL AREA M7H TOTAL AREA 22405 F. NES EXTENDED TO 250' TIER = 1444 S.F. TOTAL HARDCOVER = 15.59 \ \ N\ oPROPERTY DESCRIP770N.' \\ \ Lot 17, SHADY {k70D, Hennepin County, Mlnnasoto, cccceng to the record plot fhereo(. . • 953.68 , 1