Loading...
HomeMy WebLinkAbout#6544-amending 6519-2015RESOLUTION OF THE CITY COUNCIL NO. 6 544 A RESOLUTION AMENDING RESOLUTION NO. 6519 GRANTING SETBACK VARIANCES FROM ORONO MUNICIPAL CODE SECTIONS 78-1279 FILE NO. 15-3738 WHEREAS, John Bowlsby and Cyndy Bowlsby, a married couple, (hereinafter "Applicants") are the owners of the property located at 1025 Spring Hill Road within the City of Orono (hereinafter "City") and legally described as attached in Exhibit A (hereinafter "the Property"); and WHEREAS, on June 22, 2015, the Council approved Resolution No, 6519 which granted lake setback variances in order to permit construction of additions on the lake side of the home within the 100 -foot setback from Long Lake and lakeward of the average lakeshore setback. Resolution No. 6519 also denied a variance to permit construction of a pool within the 75' setback and ahead of the average lakeshore setback. WHEREAS, the Applicants have requested an amendment to Resolution No. 6519 to allow modifications to eliminate the previously proposed larger addition on the west end of the home and construct a smaller addition in its place. Another 125 square foot addition is proposed which fills in a jog in the lakeside of the home to accommodate a kitchen bump out. Both additions are located entitrely lakeward of the average lakeshore setback and paritally ahead of the 100 -foot structural setback; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono City Council held a public hearing on September 14, 2015, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. WHEREAS, The Council reviewed this application on September 14, 2015, and voted 5 to 0 to approve the amended variances for lake setback and average lakeshore setback to permit the additions and modifications to the lake side of the home according to the revised plans attached as Exhibits B & C. WHEREAS, the City Council's decision was based on the following findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. FINDINGS RESOLUTION OF THE CITY COUNCIL NO. 6544 1) This application was reviewed as Zoning File #15-3738. 2) The Property is located in the LR -1A zoning district, where 2.0 acres is the minimum lot area and 200 feet is the minimum lot width. The Property has approximately 258,818 square feet (5.94 acres) in area and has over 680 feet in width at the OHWL and over 700 feet at the 100 -foot setback. 3) The Property is located in Tier 1 of Orono's Stormwater Quality Overlay District and is limited to 25% hardcover based on gross lot area. 4) The lake setback and average lakeshore setback variances to allow construction of the additions and modifications to the existing footprint of the home within the 100 -foot lake setback and within the average lakeshore setback will alleviate a practical difficulty inherent to the location and orientation of the home on the Property and which was not created by the Applicants. 5) The proposed one—story additions or modifications to the home will be low profile, will not be visible from the lake, and will not adversely impact existing lake views enjoyed by adjacent lakeshore properties. 6) The Applicants' proposal to construct additions and make modifications to the existing home results in 28,909 square feet of hardcover or 11.1 % where 25% is the maximum permitted by code; the Property exceeds 2.0 acres therefore structural coverage limitations do not apply. 7) The proposed additions to the home are not out of character with the neighborhood and will meet side and rear setbacks. 8) Regarding the lake and average lakeshore setback variances for the additions and modifications to the home, the Applicants' request is in harmony with the purpose and intent of the ordinance. 9) Regarding the lake and average lakeshore setback variances for the additions and modifications to the home, the Applicants' proposal is consistent with the comprehensive plan. 10) 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 average RESOLUTION OF THE CITY COUNCIL NO. 6524 lakeshore and lake setback variances for the additions and modifications to the home 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 practical 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby amends Resolution No. 6519 and grants a variance from Orono Municipal Zoning Code Section 78-1279 to permit construction of additions and modifications to the existing home 84 feet from the OHWL; and a variance from Orono City Code Section 78-1279 to permit construction of the proposed modfications and additions ahead of the average lakeshore setback line. CONCLUSIONS, ORDER AND CONDITIONS The approvals for the additions and modifications to the home stated above are subject to the following conditions: a) Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits B & C. Any amendments to these plans may require further Planning Commission and City Council review. b) Hardcover within the 0 to 75 foot zone shall not increase above the existing level of 471 square feet and hardcover on the Property must not increase above 25% as permitted in Tier 1. Any changes to the plans or the Property which result in an increase in hardcover above the existing or allowed levels are not approved as part of this variance request. c) 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 variances will expire on that date (September 28, 2016). d) 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. e) The undersigned Applicants have read, understood and hereby agree to the terms RESOLUTION OF THE CITY COUNCIL NO. 6 5 44 of this resolution and on behalf of 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 28th day of September, 2015. ATTEST: biaiWT1egs, City derk Lill Tod McMillan, Mayor Pr perty Owners STATE OF MINNESOTA COUNTY OF HENNEPIN RESOLUTION OF THE CITY COUNCIL NO. 6544 This instrument was acknowledged before me this day of A16 [y-. , by John Bowlsby, husband of Cyndy Bowlsby. DIANE M GELLER OUB NOTMYPUBLIC-MINNESOTA Notary Public MY COMMISSION BARES 01t31la STATE OF MINNESOTA COUNTY OF HENNEPPIN This instrument was acknowledged before me this _ day of A)ov by Cyndy Bowlsby, wife of John Bowlsby. 0 DIANE M GELLERG_ NOTARY PIJBUC-MINNESOTA Notary Public e,-MY0OMMISSIONEXPiRESoi/3ir4 0'0 iia -4 --1 (D0(a r 0 X cc n 0 CL t0�`C`C O4)OO= CO) =a !) O o� 0 `C7�Oa�-0 M �,p C 'p rD •p Qp 0�. d = �N �CL 14 Q C �. ?.3�.� N N �O "=w CL OVCi10Dn OV Z r, O' p N CD IM (D?MV 'WD0Ov 07a® N 0' aaiz i =r 0 CD N CD rncro(AyNwo o=m cn � Via, (D Cr O C (DD cru � 3•a�ya��Q• GLOM ...� c- �0(0 A.M� 0C) �# r* CL hj 0 CD ren (D A) CD 0) 4h-*< r o © Cl) O, Q r-0, (DD Z O 'T'I cnMm°,@� Qom �� w ? a N� � � .� � arc �� owsQ��•� cD0 D =r ��m 0 m�=N� _?m (D'p= �0 N 0 _. 3� !D7 � co (D( 0 o CO 0,QO N� � :Ert s' (D N cQ .. N C.(N_?�..r+Q CL W CD 9� p0,,C)0=8 '.� �D 0 z(O = C ,.� 36-4- w pNTcra � -Oft CL W. ,... (D 0 Nfla [QNQ 0 C co Resolution Exhibit A suras �r'mmoNm anwaMdZ7Na�a�►► swwmaam'�roasnrmarn �avmvw 'ONI `SSIVIDOSSV V OUBSNOND N ~ co U3 UJ J N z L� W W N:) Z Jz Z 5 a Uiz z i B FE 6 L h 4/ Wkk 3AM.1°N I j �anoo si�vr��. 3 m A Resolution Exhibit B W g COQ --- --�-- VOW 1 ' ' 1 I I I I r ^�N 4 tio�p`h a— L— UP. 1,71. Irl N& v --v L I k L I :r f U L I :r f _a Resolution Exhibit C Is e _� 1� 1, 6 -AXV f illPSOd $ 6 85£5S NW'@Igl BupI SMS IIIH Builds 5ZOL QgsImoe ayl a a N , ,. , �, STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the�ity of Orono, Minnesota, certifies that I compared the foregoing is the original documer��,:approved by the Orono City Council on September 28, 2015, thereof on file in my offi��;'and th��s,�iie iS a correct transcription thereof. " � .�,�,5 1 '.�.��� '' . �.��. WITNESS m hand officiall�/as such Cit�/Clerk anc1 t�te�;:e�� ��ra}p� ��o� ;�,(��,it�/this Y J J r "�: t,r".�� • J- J l st day of December, 2015. ��� ��;. �p':s'� y-�► •;�y r�� ,r 1+1.� ' 1. . �„ � � 1� ,�' 1 Z .> �. . � , � �['1 �,;,J j .�, "� �, �� x� T�eg� �'i , ', `- .o ��' .EP�'t�:', � `�,i.�' r�� ;,,� � 9..�,;«• 1�%ti � � y �, -' � . ��t>,t �-�'�*A4 --- . ` '���,*,�.��.�:`�'�'' , � . io.� s�.�- ti�� l?� Doc No A10267461 Certified, filed and/or recorded on Dec 9, 2015 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 97 Pkg I D 1330743M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.