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Home My WebLink About#6063-variances-2011 � � q7 � s�Q�y�� ,e� r � Doc No T488D6�03 z�`� Certified, filed atid/or recorded on 8/24/11 12:13 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L.Alverson, County Auditor and Treasurer Deputy 16 Pkg ID 731617 Doc Name:Variance Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1325175 This cover sheet is now a permanent part of the recorded document. , �, ' I ,�zs� ��- A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1435; 78-1403; AND 78-1288 FILE NO. 11-3514 r � O� O O � :�. � C ITY of ORONO ti ti RESOLUTION OF THE CiTY COUNCI L ��kESfI04�G NO. ��,�_ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1435; 78-1403; AND 78-1288 FILE NO. 11-3514 WHEREAS, Brian Peters, a single person and Lynne Marie James, a single person (hereinafter "the Applicants") are the owners of the property located at 1978 Shadywood Road within the City of Orono (hereinafter the "City") and legally described as: Lots 38 & 39, Shady-Wood, Hennepin County, Minnesota(hereinafter the"Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1403 to allow 17.3% lot coverage by structures where 16.3% currently exists and 15% is normally allowed in order to construct a 24'x24' detached garage; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1435 to allow the proposed detached garage to be located 9.7 feet from the rear lot line where a 10-foot setback is required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 47%liardcover within the 75' to 250' setback zone where 57.9% currently exists and 25% is normally allowed in conjunction with construction of a detached garage. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS l. This application was reviewed as Zoning File 11-3514. 2. The property is located in the LR-1C, Single Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100 feet. Page 1 of 5 � , O,�. � O � C ITY of ORONO ,� , �, ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESII�g'�G NO. 6 0 6 3 3. The Planning Commission reviewed this application at a public hearing held on July 18, 2011 and recommended approval of variances based on the following findings: a. The property contains 13,850 s.f. in area and has 100 feet in width at the OHWL and 100 feet in width at the 75-foot setback. b. The lot is substandard in area and a residence has existed on the property for many years. c. The 75-foot setback runs approximately through the center of the lot resulting in a shallow buildable area. d. There is no additional land available to bring the lot width or lot area into conformity. e. The hardcover and structural coverage variances as requested are in line with the levels of variances approved on lots with similar conditions. f. The proposed structure complies with lake, side yard, and average lakeshore setback requirements; the 10-foot setback between buildings has been met. g. The Applicants' request will alleviate a practical difficulty inherent to the property and not created by the Applicants. h. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. i. Replacement of the existing 18'x22' detached garage with a new 24'x24' detached garage will result in minimal additional massing on the Property. j. The Applicants' request is in harmony with the purpose and intent of the � ordinance. k. The Applicants have demonstrated that enforcing the setback, hardcover and structural coverage provisions of the Zoning Ordinance deprive the Applicants of the reasonable use of their property. Page 2 of 5 � �� 0 0 CITY of ORONO � :. � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ES�IOg'�G NO. _ 6 Q 6 3 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. 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 Applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive P1an of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1403 to allow 17.3% lot coverage by structures where 16.3% currently exists and 15% is normally allowed; and Orono Municipal Zoning Code Section 78-1435 to allow the proposed detached garage to be located 9.7 feet from the rear lot Iine where a 10-foot setback is required; and Orono Municipal Zoning Code Section 78-1288 to allow 47% hardcover within the 75' to 250' setback zone where 57.9% currently exists and 25% is normally allowed in order to construct a 24'x24' detached garage, subject to the following conditions: 1. Council approval is based on the building and site plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 1,630 s.f. or 21.1%. Hardcover in the 75-250' zone shall be limited to 2,911 s.f. or 47%per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants 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. Page 3 of 5 � � �°� 0 0 C ITY of ORONO ,� : � ti ti RESOLUTION OF THE CITY COUNCIL ��kESH.O��G NO. � �1�� 3. The building plans submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 4. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 5. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the garage. 6. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date(August 8, 2012). 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 Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the .}. property. Y,� � ;�'`,.�,�, � ��,��, Adopted by the Orono City Council on the 8th day of August, 2011. � �� ,�� f� F �,��"' ' � ,�"�''"��"�,�,K'�x ��`'"ai'"'��,�� "v .:.+� ��l��, �� e- � h , �, .�� `��`�'�4��J t`�';,G"� .:` �`; f .�► ,.�s� r� ' , l� �1/_�z.� �i;,c,../ G�� _� � �� A�ti� � , ,.t, 'ity Clerk Lili Tod McMillan, Mayor � �:` „� ��,��. ' . Fw �A ..��:�� yy��,� g#J�F�4 L1 /. � ' ;��. �' ,�y s,,M�,�; . � � Property Owner(s) , : Page 4 of 5 . � � �� O � CITY of ORONO � ;, � ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'Es�Io4'�G No. 5 0 6 3 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of �-�c�,c.�,�t- , 2011 by Brian Peters, a sing le person. � RACHEL DODGE � 1� NOTARY PUBIiC-MINNESOTA � �'`"�'"�'"'�` v C�'��— MY��ssian Expires Jan.31,2o�s Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this !D day of /-�-u uS f", 2011 by Lynne Marie James, a single person. �G��e ��"'�-�� Notary Public � BARBARA G.SILUS NOTARY PUBLIC-MINNESOTA - My Commission Expires Jan.31,2013 Page 5 of 5 \ � —-'——— .��( 0 20 40 60 � "_"----_ 47 � \ - -__ —_.�- - — �� v � � � GARAGE ' \ SC LE IN FEET \ EXISTING � � 01� _ `- .�e EXISTING SPOT ELEVATION. o � � 3 HOUSE \ I � '� � \�:�3q #1972 I \ \ X(998.Ok PROPOSED SPOT ELEVATION �> �i 5 � \� �...••�'= DIRECTION SURFACE DRAINAGE �rn�� ,i� �3�' `� � \ � I � �_. _(" REMOVE EXI� TING , � q,c`� � c �� OHL = OVERHEAD UTIUTY LWE ��5�. y GARAGE ANL��DR/VESY- �� \ I I�r-Ie3°`� \ �� ` GFE = GARAGE FLOOR ELEVATION 4 r� � AS SHOWN a ��T �� i � � ` . �� FFE = FINISH FLOOR ELEVATION b�i,'� 9�y� ` , N �,i � �,� � '. � � • UG = UNDERGROUND UTIUTY �� , \ �. 3 \ 5�� o oP \ � STRHC = STRUCTURAL HARDCOVER � �o � � \ 1 . � o 0 'O ` $� �_ � ' a 1 0 �.9 ti� H A R D C O V E R '� g � ��?Q M � \` \ a95 �_f N j 9-y"�sa� ��y�s Eoc �"�=1 .�e�s r �-y�y ' .�.\ \ug'L�9 D 0-75 AREA = 7700 SF � � � ��a rn � 33 9�s 3� P o:o �� 34.8 ! � — a T� l.�� \ � �� c�z I \ �ROP i \�. � � EXIST/N6 0 0 �� w c� 3 � � � � �� OOYFE. �� : �::� � cF I � �p � � AND STRUCTURAL o w o m� u�ei o�i Q \ \ �� '� �' 6 .! '. 93 � ��'�� \ �— GF �' ' N \ Q I �h�" . �0�� '� � PROPOSED HARDCOVER m �,�� — \ �� ` (S� � 3S �� o HOUSE = 1000 SF — t000sF/13� � N � fl' �' 34, ' �0.5 3�� .�� DECK = 390 SF srRHc � \ � ` o ao � a5 �_ �XISTING — � a�' '�-� CNPATIO = 235 SF � (��, � ` �3 9' c� HOUSE ,.g � ` � \�� `� y LNDSCP = 225 SF N/C � � \ \ --�. ' � � � I�I `� ( I Z S \ \ � $� �N � ro�.F�i 3j ��`�1978 N 4� \ �\,�,�� ,�,�4 TOTAL = 1630 SF/ 21.1% Q � Q �� r c� `_'-� � w � ,� eF� � (� tD J \ \\ 0 �� N �I � � ,�� ~o , yL 9�ry \ `q�9 �`� 75-250 AREA = 6150 SF � (-�U � � � \ � � � ��^ � 9�sA� J 57 \ —�r l \c, � "\ � � X 257 = 1537 $FHCA � �lk �J \ ':� �`�n'I r F =935.6 � � v � ��\ � � �J ` � \ 9�bp :� \�. ST� WP� FFE�936.1 � I j \� ,�.p�a0 - ��. �1 � EXISTING O � � \ � � � AA$ �! N 3� � 1 p � � 93 �� HOUSE __ 825 SFy 126oSF �lJ � � � `\ � ` � la3 �` �o.o l,��a - Z GARAGE - 435 SF 20.5% STRHC (� � � .._... . � .....- ` \\ \ ` � � �/ 302 ��`.�Y�°.__.._._ �<�\\ "� STWKS = 190 SF o �. w � �\ \ � 9�a9 0¢ i �s°�G� �--5 0�� ... ,k�t�9,�a9 d;"Sti�\� � DNDSCP = 1980 SF 4` � �ll � �1` \ � 1e -�� ..� �-g,�,,,4...- � c�l �o, s � \ � � �� D TOTAL = 3560 SF/ 57.9� � � � '.33 � �a8� � ..... ...'<-fo�_. 10 SSBL z _ 'L�,�� \ \�: ' 9../`/^ I.9�A A ��bc� �� A� 9� �� . \`1.g ��a PROPOSED � � � � � � � \`:.. � :,: :e�sy� � � 9� - � HOUSE = 825 SF>_1401SF � =- o ti. i ` ERGE 81T 9 �3g� � N ��9�yk6 ,� � FD 1/2"� rao a. GARAGE = 576 SF 22.B%STRHC �� 1 \ �' 9'S ' 9� 1 DR/VE = 1190 SF > �� REMOVE EXI.STING �-'� GARAGE �OUSE Qo�`� 1 STNWKS = 190 SF � _�: p�� ORIVE AS S�yDWN �y \ ��990 LNDSCP = 130 SF � � -� �� \ LEGAL ESCRIPTION: \ TOTAL = 2911 SF/ 47.0% �� a � � - SURVEY IS SUBJECT TO CHANGE LOTS 3 & 39, SHADY—W00 \ .b � � � � �'� PER TITLE OR EASE�1ENT INFORMATION > 649 SF / 10.5X a < �s6• HENN. C ., MN. N � � NOTE — FXI3TING HOUS AIN FLDOR�VERIFY ALL DIMENSIONS AND ADDRESS-1978 SHADYWOOD RD�. �� „� ELEVATION ��F 936.1 � 4.6 FEE� �ELEVATIONS WITH HOUSE PLANS pID#17-117-23-24-0026 � �.� n� ABOVE THE 100 YFE OF 931.5 ' \ • �^ q .�o�� V'�RIFY ALL SETBACKS WiTH CITY lOT AREA -13850 SF/0.32 AC a ` � � �� ..�\ n ' ��;�,� �,`�� -..�...�..� �-�,�::c� �� a � �s � � F �� O;I � � 3 �o t �r====__-_--__-___--�� . � �� 1, � '' �' � ",�sEi i� �i � �a � � � 'I I1 � fl 'I � i� �i i� �i i i � �` �i i� y ii �� r �I 1� CY> 1� �1 a� �1 1� ; ____ __ _____ i . _ ��E 1 I I I r`�Y �1 I� I d.�suur mai I ��' �I I� 1 .na 1 £�d($� LL___ J � 4�d3 _________________ ____J FDUNDATION PLP,N LOOE� PLAN �[xt.V�•M1I v.vt 4�•. exKH 1� I�II�� 1 1,. ��I�Geil �e�wY . . � - - – _----- ' W WM �� __— – � — � . � — — _ �� FRO�ELEVATION �16H�T�51DE ELEVATION . R" ��i�I�ED 19780$ONO�1lND --- ��_ 3 � JUN 2 2 2011 � - CITY OF ORONO ' . � �. STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on August 8, 2011, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the Cit�y;tliis l Oth day of Au u�st , 2011. � � n�� n it �� L l�i ' (/ 9 ., D .��.J�j 4Sr :�, } ,, � � �(� ��,i � �i-��x• a � ?y F�.,Y"�r �� , _��.,� �°�_ ��,� ,°��` ,�� City Clerk r�`��3�'se .d,�,�� :,- z��r �� :;� r��( �)��. ,�',. , , ,. , � h t��j -,� ,��. �"• Y (1+ :� ;ll�:! � � ' {��.e �� '� x, ��.:.y' �k(+"'��/��,F"y��'��. . �, .. _ ♦ �`yha 'LI � �pat ..�� r a'��Y� „ , =��+" r�'�s� t �S�«M� F�N"d"�"�•�, �. ,. �� , 4:�� : , .� � � � . ;� ��