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Home My WebLink About#5868-variances-2009 ' . ' /��vl1 Aca ��'�Cv A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305, 78-1279(6), 78-1288 FILE NO. 09-3426 �i � , ��l �. �o� 0 0 C ITY of ORONO � -�. � ti RESOLUTION OF T CITY COUNCIL �� °~ � 8 6 8 `9kESYiOg' NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305, 78-1279(6), 78-1288 FILE NO. 09-3426 WHEREAS, Roger McCabe and Nancy McCabe, husband and wife (hereinafter "the applicants") are the owners of the property located at 1265 Shoreline Drive within the City of Orono (hereinafter the "City") and legally described as follows: �"Tract A, Registered Land Survey No, 1123, Files of the Registrar of Titles, Hennepin County, Minnesota(hereinafter the "property"); and WIIEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a sun porch addition l 5.1' from the side lot line where a 30' setback is normally required and a 14.8' setback currently exists for the home; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a sun porch addition ahead of the average lakeshore setback; 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 hardcover within the 0-75' zone at 10.9% where 0% is allowed and 11.6% currently exists, and to allow hardcover within the 75'-250' zone at 41.1% where 25% is normally allowed and 40.9% currently exists in conjunction with construction of a sun porch addition to the home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 09-3426. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acre and a minimum lot width of 200 feet. Page 1 of 5 � o� 0 0 � CITY of ORONO ,� �� ti ti RESOLUTION OF THE CITY COUNCI L ��`�kEsKo�`'�G rvo. � R h g 3. The Planning Commission reviewed this application at a public hearing held on September 21, 2009 and recommended approval of variances based on the following findings: a. The property contains 53,400 in area and has 147' in width at the OHWL and 140' in width at the 75' setback. b. The lot is substandard in area and width and a residence has existed on the property for many years. c. There is no additional land available to bring the lot width or lot area into conformity. d. The proposed addition will be almost entirely over an existing pool patio, and the hardcover variance as requested will result in only a minor increase in hardcover; 30 s.f. e. The existing residence with tlie proposed addition at 7% will be below the structural lot coverage limitation of 15%. f. The encroachment into the average lakeshore setback will not negatively impact views enjoyed by the most affected property owner due to topographic changes and vegetation. 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 Plan of the City. Page 2 of 5 �o� 0 0 C ITY of ORONO � :h' � � ti RESOLUTION OF THE CITY COUNCIL ��`�kEsKo�"�G No. 5 8 6 8 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants the following: a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a sun porch addition 15.1' from the side lot line where a 30' setback is normally required and a 14.8' setback currently exists for the home; a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of a sun porch addition ahead of the average lakeshore setback; and a variance to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within the 0-75' zone at 10.9% where 0% is allowed and 11.6% currently exists, and to allow hardcover within the 75'-250' zone at 41.1% where 25% is normally allowed and 40.9% currently exists in conjunction with construction of a sun porch addition to the home, subject to the following conditions: l. Council approval is based on the site plan submitted by the applicants 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. 2. Hardcover in the 0-75' zone shall be limited to 1,184 s.f. or 10.9%; hardcover in the 75- 250' zone shall be limited to 9,620 s.f. or 41.1%; and hardcover within the 250'-500' zone shall be 2,584 s.f. or 13.4% 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. 3. ADDITIONAL SURVEYS REQUIRED: a. Per City Code Section 86-68, a foundation survey is required to be submitted prior to commencement of framing; and b. An as-built grading plan verifying compliance with the building permit, stormwater management, grading and drainage plans shall be submitted prior to the issuance of a Certificate of Occupancy for the residence. 4. The building plans submitted for building permit will be reviewed to ensure compliance with the City's building height and number of stories regulations. 5. 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. Page 3 of 5 . y � O� O O � C ITY of ORONO ,� , � ti �� Gti RESOLUTION OF THE CITY COUNCIL `�kEsHo4` No. . R� 6. Required removals of structure and hardcover to be removed shall be completed prior to the footing inspection for the addition. 7. 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 within one year of the date of Council approval, or the variance will expire on that date (October 12, 2010). 8. 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 misdemea.nor. 9. 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. Adopted by the Orono City Council on the 12`h day of October, 2009. � ATTESi; � � o�. �� c�� Linda S. Vee, City Clerk es M. White, Mayor ��C ��; 6� Property Owner(s) Page 4 of 5 �o� - o 0 C ITY of ORONO � :.. � ti ti RESOLUTION OF T E CITY COUNCIL � ��k'ESI30g'�G NO. � S 6 � STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this l$ day of , 2009 by Roger McCabe, husband of Nancy McCabe. Y. � �. � � SARBARA G. SILUS — - NOTARY PUBLIC-MINNESOTA �/j, �,�� '��J ,� • My Commission Expires Jan.31,2013 w��v Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this /� day of��MK1��, 2009 by Nancy McCabe, wife of Roger McCabe. . . .. MONICA A.FADNESS �j �jL�/�/� _ NOTARY PUBLIC-MINNESOTA NOt2T' Public `':,,,r,� My Commission Enpires Jan.31,2012 y Page 5 of 5 . � , �, � �-�o�,lfiZax� • 5 8 '� � �-xt�p�� CERTIFICATE OF SURVEY FOR ss ROGER & NANCY McCABE oP OF TRACT A, R. L. S. N0. o�.��'�� HENNEPIN—C-9�U1��ESOT , 5� �,,�`� �'' �, / i �p�yti°°��p`...I I � �/��1�� r-�CAI/�,� -�, `�\•i��o li U—�-�j'� �i/��sf UY (U.�°/v \ 1�� \ �� x\I � � � J�C�� (, ZU � � � � '75 -2 = � Jr � �.��lo / ��' :DRI \ 1 , �r_ � W � \ �:ES��Q"ER�,�` �, 2� " 2�5 �3.(� �t$; DOC.Nq � ! �D nsess �\1 �� ` '�. J . � \F i�� `O�� '"�b. � s$ i � s � o'° ��i' � I \\� \��°:�, \�``� ��/ '��/ � '° ��F ��ey �'� �' s �� o� � �.�� , ��?� � ----- � � �� q ^ .e ,.��/�. �c �'',,^e: d+ / Q�' \ �-�, y4 �ij ,,�,6�,'l� �\ pp �p�l ,r,bO� � �\\ `` N °R.`��y S ED NG \y�\t,G / � �9,J Y 'h. �} � � G� �,/ *�r<'`� ��'� �0 • L / �°'"g,� " � /� a��'t4 °� � � �. / �'' b � v ,��,p��' �� ro �i��*� �q�e�Jg�c /�M19EaE �- � �,� �}�5�oy �,> ,�.__. �� e ��ti i' � �o,� / ! �' � � N J P�\� / ��j Q � � % ao�se �-, // / 'C\aG PROPOSED::� � ph^O/�[�� -�S o�G� ADDITION � yhj�J�� 0 / ph,�%ac°� � �'�e'�� y3� � ��o��O � �� QPS\o g � ��, � �� y'�- � �� _....�. LEGAL DESCRIPTION OF PREMISES: Tnct/�RepistmreA Land Survey No.1123,Filec of Repictrar of Titlea,Counry of Hennepin. This suney intends to s�ow the bounderies of tt»above do- SCfIbBd pl0�t@fry.1118�OCBhO(1018f1 8%18hlIQ hO1180.BhBd, an0 Me location of atl visible"herdcover thereon,and the proposad locatlon of e propocad addiUon.It does nol purport to show eny other improvements w encroechmenh. o :Iron marker ' Bearinps shown ara based upon an assumed datum a�° ME�ISqN o.rc pESCRcipu GRONBERG&ASSOCIATES,INC INEPEBVCEqTIFYTWVTYSPlAM,SVEbFIGT10N.OReF/Oqi sc.0 9-2Y-a �Pp��mB1'MEORUHOERMVMREGiSUFEnvI5lql�f,p �„_30� w�wH CONSULTINGENGINEERS.UNDSURVEYOR THATI�uAp1LYlICEMSEDFMOF[bEIOIULENOIMEENAIIDIAND PRJ SITE PUNNERS SURVEI'DR UMDER TME LANS Oi TfE STATE Of NINNESOTA �� CNECNE� �5 N.YNLLOW DR.LONG UKE.MN.55358 &3-09 � BSY�73-11d1 .roe ra. aTE 9-!'�-//D MNIiGENSENUMBER �II OS-�SO REGElVEC: `,�'t' � . [Uli3 �:iTY GF C�RUNG 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 October 12, 2009,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 City this 15th day of October , 2009. �,',. �.� . /� � t r �:!�i.�r.e� ,rs _ �.�e— , �''�� City Clerk :� . - . (seal): : �_. : _; � �. ;; ... •�_,� ., ,., w , .� /�.�5 �Shor�e�� ►� � ,^�. � � � r, � ��, Doc No T4718163 �� '' `` Certified, filed and/or recorded on 1/4/10 12:00 PM Office of the Registrar of Tities Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 49 Pkg ID 594544 Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1226016 __ This cover sheet is now a permanent part of the recorded document.