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Home My WebLink About#4504-variances-2000 , . �� . �� 0� � � O O �6. - CITY of ORONO � � ti �,� G'ti RESOLUTION OF THE CITY COUNCIL �`9kES�I�4��' � NO. � � � � ''" A RESOLUTION GRANTING VARIANCES � TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND � SECTION 10.56, SUBDIVISION 16 (C) (6) FILE NO. 2599 WHEREAS,Robert Beutler and Wendy Beutler,husband and wife,(hereinafter"the applicants") are owners of the property located at 684 Tonkawa Road within the City of Orono (hereinafter "the City") and legally described as follows: • The Southeasterly Half of Lot 5, and the Northwesterly Half of Lot 6, Except the Northwesterly 15.00 feet of the Southeasterly Half of Lot 5 Parten's Point First � Division, Hennepin County, Minnesota(hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Gity of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 17, 2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B)to permit new residential construction on a 0.68 acre lot where 1.0 acre is required and having a lot width of 85 feet where 140 feet is required, and Section 10.56, Subdivision 16 (C) (6) to permit a 12 foot encroachment of the average lakeshore � setback where no encroachment is normally allowed. - NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2599. • Page 1 of 6 �_._' /� �� • � � �b. - C ITY of ORONO � � � G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. � � � L� . . 2. This property is located in the LR-1B Zoning District,where 1 acre is the minimum lot area. The property consists of approximately 0.68 acre. 3. The Orono Planning Commission reviewed this application on July 17, 2000 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: , A. The property has been developed with a residential use since at least 1960. B. The site plan indicates the proposed setbacks 10' to the side properry lines and the house would be outside of the 75' lakeshore setback. The existing . deck is within the 75' lakeshore setback. The entire house would be located ' approximately 100' from the lakeshore, which meets the intent of the Comprehensive Plan for new structures. � , C. The 12'encroachment into the average lakeshore setback has been established by the adjacent structures. The site line issue is primarily with the adjacent property to the north. A small portion of the proposed house is within the setback. However,the proposed house would be located 20'further back on the lot than the existing structure. D. A detached garage has been located near Tonkawa Road for many years. The . � building is located 8.5' from the front property line, where 10' is required. The applicants have stated they would not remove the building. E. The proposed plan does not show any proposed decks or patios on the lakeside of the house. The hardcover that is proposed within the 75-250' setback does not allow for any additional hardcover in the future as it is proposed at 24.99%where a maximum 25%is permitted. It would not be in keeping with the intent of the Comprehensive Plan or Zoning Code to permit additional hazdcover on the lot in the 75-250' setback. The only way to . � accommodate decks or patios within the hardcover limits will be to reduce hardcover elsewhere. • Page 2 of 6 i� /7 O� • O O ' ��b. - CITY of ORONO � � ,� G'� RESOLUTION OF THE CITY COUNCIL �`�kESH�4ti�' . . � NO. � � � ✓� F. The lot has a driveway that connects with the lot to the north. Both lots also have individual access to Tonkawa Road. The skared portion of the driveway would be removed from the subject lot to reduce hardcover and close the shared portion of the driveway. 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 properry; 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. 6. The City Council has considered this application including the findings and recommendations of the Plaruzing 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 10.24, Subdivision 5 (B) to permit new residential construction on a 0.68 acre lot where 1.0 acre.is required and having a lot width of 85 feet where 140 feet is required, and Section 10.56, Subdivision 16'(C) (6)to permit a 12 foot encroachment of the average lakeshore setback where no encroachment is normally allowed. • Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A, completed by Mark Gronberg, Coffin & Gronberg, Inc., dated July 14,2000. �Any amendments to the site plan may require further Planning Commission and City Council review. 2. It is the intent of the City Council that variances to develop the lot to exceed allowed hardcover would not be looked upon favorably. • Page 3 of 6 �-. �� . � o 0 ��b. - . � C ITY of ORONO � ' ti � '�' RESOLUTION OF THE CITY COUNCIL '��kE Ii�4�G � . NO. � � � �. S 3. 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 14, 2001). 4. 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. 5. The undersigned applicants have read,understood and hereby agree to the terms of this resolution 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 or Orono, Minnesota at a regular meeting held on the 14th day of August, 2000. • � � ATTEST: (�t�a� �41-- V �� Linda S. Vee,�City Clerk Gab 1 Jabbour, Mayor �f/�� Properry Owner(s) _ � Page 4 of 6 4 ��.., � O � � • O O 6. - C ITY of ORONO ,� � . �� G'� RESOLUTION OF THE CITY COUNCIL ��kESII�4��' . . � NO. � � � � STATE O ESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instniment was acknowledged before me on this 14th day of August, 2000 by Gabriel Jabbour 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. !�lDI N.STURMAN NdTARY PtIBt.IC•�SO�fA �,A,�,�,,�,,31��py Notary Public STATE OF MINNESOTA ) . ) ss. � COUNTY OF HENNEPIN ) . On.this /��" day of ,2000,before me a Notary Public within and for said County,personally appeared 1��.��°u�r�"►d��C1 Be�t.�'�/Y1�y'"v✓�U 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. HEIGI N.STURMAN , NCTAitY PUBUC•h�ES�i'� • ��o�rrt�sion Exptres Jan.31,2005 .� , ...�.-.� ' Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ,2000,before me a Notary Public within and for said County,personally appeared 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. Notary Public • Page 5 of 6 - . .� ,- Exhibit A 929.4 CONTOUR LPE _ _ _�__ : ----- � - -•�• - •- •- •-- --' ---•• ' ; . �� , ••' ........... ... .� - � � ' M ._. _._ .,.-.g524_. .._— c -••----- --� ---- E --- �- ' —�� '33°04=06�� -- �-- • ^�� -- r-� � „o--- - ----------- - -- -; 4 � a � � � .-,�. -� `..�.._ -_-___: -... ..�..`___-- --- � � � � -.a- -�ro� , �� _-�`"—,;—,� , `�� , �e. � .�J. � � .,�.�- �-wx•• r� � _ . _..._. _pH.._..--•-•�... , ' - - " � \ . � v \ � - � ... _� \ . . � \\,' _ ...._. •1"�y" ..• _..._ .. . " . � � �,�1 ��—� — ��---��_ �,' �\ . • . ' � y 1 . • � �_�• ^�,' •• . _ . ,�� ` � °:' . . �, • `�. 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