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Home My WebLink About#4683-variances-2001 t � /�� O� • O O ��e. - CITY of ORONO � � ti �� G'ti RESOLUTION OF THE CITY COUNCIL ��ESH.p4��' NO. � � � � A RESOLUTION GRANTING VARIANCES ' � TO MUNICIPAL ZONING CODE SECTION 22, SUBDIVISIONS (1), SECTION 10.56, SUBDIVISION 16 (L) (1), SECTION 10.55, SUBDIVISION 8 AND SECTION 10.24, SUBDIVISION 5 (B) FILE NO. #01-2693 � WHEREAS, Maryanne Maiser and David Maiser (hereinafter "the applicants") are owners of the property located at 2700 Shadywood Road within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A (hereinafter "the property"); and WHEREAS, after due published notice and'rriailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning • Commission held a public hearing on July 16, 2001 and continued to August 20, 2001, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and VVHEREAS, the applicant has applied for and'amended a variance application to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1; Section 10.56, Subdivision 16 L (1); and Section 10.55, Subdivision 8 to permit an alteration to eYisting hardcover and new structure within 75' of the OHWL of Lake Minnetonka for construction of a 23' X 28.8' garage addition to the residence and replacement of a 9' X. 28' � deck on the lakeside of the residence resulting in 901 s.f. (4.0%) hardcover in the 0-75' lakeshore setback where no hardcover is allowed; and Section 10.24, Subdivision 5 (B) to permit a 2' encroachment into into the sideyard adjacent to street setback (Shadywood Road) to permit construction of a three season porch on the south side of the residence; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS ' 1. This application was reviewed as Zoning File #01-2693. , 2. The property is located in the LR-1B (1 acre) One Family Lakeshore Residential � • Zoning District. � Page 1 of 7 ; . � � � • O O ��b � CITY of ORONO � � ti �,� G'� RESOLUTION OF THE CITY COUNCIL ��kESI��4�' . NO. � � � a� 3. The Orono Planning Commission reviewed this application on July 16, 2001 and August 20,'2001 and recommended approval on a vote of 7 to 0 for variances based upon the following findings and hardships: A. The property is located in the LR-1B zoning district. 55% of the lot is located within the 75' lakeshore setback. • B. The existing house was constructed prior to the adoption of the current zoning standards. C. The property is a corner lot limiting the size of the building envelope on the property. The actual building area is reduced by the fact there is a 35' setback required to the west (Shadywood Road) property line and the 75' lakeshore setback removes over half of the east side of the property from the building area. • D. The garage addition is being constructed to match the current setback from the lake to the principal residential building. E. The garage addition will be located over existing hardcover and not increase hardcover in the 0-75' setback. F. Applicants are reducing overall hardcover on the property. The hardcover in the 0-75' setback will be reduced from 1,035 s.f. to 901 s.f. and the 75-250' hardcover will be reduced from 3,909 s.f. to 3,669 s.f. G. There is no landing for the second story access since the previous lakeside deck collapsed due to weight of snow. The proposed deck replacement will not increase the size of the deck previously attached to the house. H. The porch addition will not further encroach into the setback to Shadywood Road than the existing house. 4. 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 variances would not adversely affect traffic conditions, light, air nor � • pose a fire hazard or other danger to neighboring property; would not merely Page 2 of 7 ` r . i�� O I • O O ��,. - CITY of URONO � � �� 'ti RESOLUTION OF H ITY COUNCI L � � � � ��kESI3�4�' NO. . 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 Plan of the City. 5. The City Council has considered this application including the findings and recommendations of 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1; Section 10.56, Subdivision 16 L (1); and Section 10.55, Subdivision 8 to permit an alteration to existing hardcover and permit new structure within 75' of the OHWL of Lake Minnetonka for •. construction of a 23' X 28.8' garage addition to the residence and replacement of a 9' X 28' deck on the lakeside of the residence, resulting in 901 s.f. (4.0%) hardcover in the 0-75' lakeshore setback where no hardcover is allowed; and Section 10.24, Subdivision 5 (B) to permit a 2' encroachment into the sideyard adjacent to street setback (Shadywood Road) for construction of a three season porch on the south side of the residence, subject to the following conditions: 1. Approval is subject to removal of hardcover as depicted on the site plan attached to this resolution as Exhibit B. . 2. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 27, 2002). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. • Page 3 of 7 , : . �—' �.�, O,�. � O O ��e. - CITY of ORONU � � '� RESOLUTION OF THE CITY COUNCIL ��.kE p4�'G NO. � � � �$ �sx 4. The undersigned applicants have read, understand and hereby agree to the terms of this resblution 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of August, 2001. ATTEST: � r%�� • v�'2.i � Linda S. Vee, City Clerk Barbara A. Peterson, Mayor , �Y}�,,aQ� • Prop y Owners . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of August, 2001 by Barbaza A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. aa�� RACHEL DODGE a--�f�-c� ��e�,� I�TARY P118LFC-M1Nt�E:OTA � �y�y�q�ssion Expkes Jan.31,2oos Notary Public • Page 4 of 7 � i� 7 O� • O O ��b. - CITY of 4RON0 � � ti �'� L'ti RESOLUTION OF THE CITY COUNCIL �9kESH04�' . NO. � 6 � � STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this y�day of A-��.��t , 20(� before me a Notary Public within and for said county, personally appeared i�.t�A rr � Cd�n� .�� a� _ , i..lc�A r�i e.�Q known to me to be the person(s) described in and who e ecuted the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) � DENISE M.LESKINEN N�TARYPU81fC-�SGTA ) SS. My Corm�stion ExAires Jan.31�2005 � COUNTY OF HENNEPIN ) On this � day of ��u�f , 20�� before me a Notary Public within and for said county, personally appeared �Gt vacl �i��P�, /'3!�2l�I e� known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. ' RACHEL DOOGE `�C�c��—� rto�ruzvPUSUC-n�Nr�eor� Notary Public ' .,,� MY Corrwnlssbn Expkes Jan.31�2005 • ..�.._ • Page 5 of 7 % � � � Eghib�t A j i, , � � S � L � 46 � 3 . �� LEGAL OESCRIPTION OF PREMISES : That part of Lot 13, "Shore Hills", lying between the Northeasterly line oF Tract A, Registered Land Survey No. 420 and the Southwesterly and Southerly lines o` Tract A, Registered Land Survey No. 846 and lying Northwesteriy of the following described line: A line which extend� perpendicularly frcm the Northeasterly line of Tract � o; Registered Land Survey No. 420 to the most Easterly point in Tract A of Registered Land Su�-vey No. 846. That part of Tract A, lying West of a line running frcm the rnost Northerly angle point in the Southerly line of said Tract A to o point in the Northerly line of said Trcct A, �vhich line meets said Northerly line at right angles thereto, Registered Land Survey No. 42�� Hennepin ,County Minnesota. And that part of Tract A, Registered Land Survey No. 420, Count;: of Hennepin, lying Ecct of a I.ine runningfrcm the most Northe� ly angle ,point in the Sou�herly line or said Tract A to o•,point in the Northerly line of said Tract A, which line meets said Northerly line at right angles thereto. Records of Hennepin County, Minnesota. � ' , • � Page 6 of 7 � � . � �`. � • � • Eghibit B � . • � t 'i � �.D � r, —�� .� i��I ' �i O �� OP '' � ----- --___ -- � -. - ----- _-- , .�-� --- __ ;-• ---`": �` .S r. `r: "'r��I � ` �'� . 9•30, .% :.J � '; ; _3 �PF P ,02,� \�,;� 36: 2°••�;,x: �-�• `�;: : : .-�. - . � .� � _ .. ,.. . . , . S � � `� � + , .,, ' ',' �, '' ;; , `*'� o�� :�\_ ., . � . ; t . .. ._; �._r o '� �.�, , . . , •(k8 . �J J��. 1 1�!. ♦ � � �� N 69 '��;�,4�. ': '. 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