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HomeMy WebLinkAboutRes 5022 , . . , e,,.. co. o 40- CITY of ORONO v,'$ vV4 ,4 ii �k,_c:i RESOLUTION OF THE�CIFT;Y OUNCIL kESSO NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.24, SUBDIVISION 5B; 10.22, SUBDIVISION 2; 10.55, SUBDIVISION 8; AND 10.56, SUBDIVISIONS 16(C) AND 16(L) - FILE NO. 03-2916 WHEREAS, Phillip J Smith and Jennifer A. Pastrick-Smith, husband and wife (hereinafter "the applicants") are the owners of the property located at 2600 West Lafayette Road within the City of Orono (hereinafter the "City") and legally described as follows: • Tracts B,D and E,R.L.S.No. 131,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 Sections 10.22 Subd. 2 and 10.56 Subd. 16(L)(1&2) to allow hardcover on the property in excess of the hardcover amounts normally allowed, and a variance to Sections 10.22, Subd. 1, 10.55 Subd. 8 and 10.56 Subd. 16(C)to allow a second story addition over the existing residence located less than 75'from the OHWL of Lake Minnetonka where no structure is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2916. 2. The property is located in the LR-1B Lakeshore Residential Zoning District, which requires minimum lot area of 1.0 acres and minimum lot width of 140'. The lot has a defined width of 160' and is 0.705 acres in area. 3. The Planning Commission reviewed this application at a public hearing held on July 21,2003 and recommended conditional approval of the requested variances on a 7-0 vote based on the following findings: Page 1 of 7 O g { CITY of ORONO ��y�l ►�_ G RESOLUTION OF THE,CLTY�CgUNCIL `9kES84� N0. U ", r� a) The property contains an existing residence structure and attached garage. The applicants wish to construct a second story addition over a portion of the existing house and attached garage which is located partially within 75'of the shoreline; and construct porch and attached garage additions in the 75-250' zone constituting additional hardcover on the property. b) Existing hardcover in the 0-75'zone is 2,561 s.f.or 21.3%where no hardcover is normally allowed. Existing hardcover in the 75-250'zone is 3,829 s.f. or 20.5%. The total allowable hardcover for the property is 4,670 s.f. (25%of the 75-250'zone). Total existing hardcover on the property is 6,390 s.f,, or an excess of 1,720 s.f. • c) The proposed encroachment of the 0-75' zone is caused by raising the roof over the northerly 1/3 of the existing garage/1st story by approximately 5'to accommodate vaulted space within the roof and new dormers. The new roofline will match the existing roof over the southerly 2/3 of the house, and meets all height limitations. The visual impact of the higher roof line is minimal, and this will still by definition probably only be a 1-1/2 story home when the additions are completed. The increase in the bulk of structure within 75'of the lake is minimized by constructing a half story rather than a full second story. The hardship which supports this addition is the existing location of the house which was constructed prior to enactment of current zoning code restrictions. d). Existing hardcover in the 0-75'zone includes portions of the existing house, a small storage shed,and a patio area. Existing hardcover in the 75-250'zone includes portions of the existing house and garage, driveway, sidewalks and stairways, and landscape areas. The proposed additions result in a 601 s.f. hardcover increase in the 75-250' zone absent any concurrent hardcover removals.Applicant proposed to remove 1 s.f.of existing hardcover in the 0- 75' zone for each 2 s.f. of hardcover addition in the 75-250' zone. The Planning Commission finds that this 1:2 tradeoff is inconsistent with City policy and past practice for similar hardcover variance requests, and recommends a 1:1 concurrent removal, resulting in no net increase in hardcover on the property. Page 2 of 7 twO o , oCITYof ORONO A G~ RESOLUTION OF THE CITY COUNCIL 410ESIIOlu NO. 5 0 2 e) The proposed hardcover variance for the property is only appropriate if conditioned on removal of all existing fabric and plastic liners from landscaped areas to make them non-hardcover. The hardcover variance is justified based on the location of the house requiring excessive driveway to reach the garage, and due to the private driveway status of the roadway accessing the property,which severely limits visitor parking and results in the need to provide parking on-site. The hardcover variance is also supported by the topography of the site,which allows runoff from the west half of the house to drain westward a distance 300'-plus before it reaches the lake,allowing for additional infiltration. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditinnq 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 serve as a con•'Pn_i nce to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty;is necessary to preserve a substantial property right of the applicant;and would be in keeping with 'the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.22 Subd. 2 and 10.56 Subd. 16(L)(1&2) to allow hardcover on the property in excess of the hardcover amounts normally allowed, and a variance to Sections 10.22, Subd. 1, 10.55 Subd. 8 and 10.56 Subd. 16(C) to allow a second story addition over the existing residence located less than 75'from the OHWL of Lake Minnetonka where no structure is normally allowed, subject to the following conditions: Page 3 of 7 °� ‘g%) 0 =A CITY of ORONO or :.7 44, " • Mi�•,1��i" G RESOLUTION OF THE CITY COUNCIL ��kESIi04� NO. e © ,6!®., 2 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any revisions to the site plan which are not in conformity with the conditions of this approval resolution will require further Planning Commission and City Council review. 2. The hardcover variances are approved as follows: a) All existing plastic or fabric landscape bed liner material shall be removed from the site,as such liners are considered as hardsurface but are not allowed to be considered in hardcover calculations. b) The proposed hardcover additions of 601 s.f in the 75-250' zone shall be offset by concurrent 1:1 hardcover removals of 601 s.f. The square footage to be removed may occur in the 0-75' and/or 75-250'zones, as noted below. c) Hardcover in the 0-75'zone shall be reduced by 301 s.f to a maximum level of 2,260 s.f. (18.8%) and such reductions shall as a minimum include the existing shed and portions of existing patio. The existing shed may remain on the property in the 75- 250' zone if applicant so desires, but the shed will then be counted as hardcover in the 75-250'zone. d) As a result of the proposed additions and hardcover reductions,hardcover in the 75- 250' zone may increase by no more than 601 s.f. to a maximum level of 4,430 s.f. (23.7%), as long as concurrent removals result in overall hardcover on the property never exceeding the pre-existing level of 6,390 s.f. e) Hardcover removals may be staged to occur concurrently with the various proposed additions. 2. Authorities granted by this resolution run with the property not with the applicant, 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 (August 11, 2004). 3. 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. Page 4 of 7 ,, 0 0 7 0 Ayg CITY of ORONO ‘ , 'Air-, RESOLUTION OF THE CITY COUNCIL �kEs8�4` NO. 5 0 2 2 4. The undersigned applicants have read, understood 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 this 1 lth day of August, 2003. ATTEST: X)/ -z.-e- Zet / Z/,e-f4-- 0 °- dif d-19-1 b 'Linda S. Vee, City Clerk Barbara A. Peterson, Mayor *7' L--_. 4,--r--/ 40r)Ilik— 1, - :--- Property Owners) MP • Page 5 of 7 - . , . , 0 °444 ..s.,..s, a v ` D,r CITY of ORONO S `x+;11 I' G iff RESOLUTION OF THE CITY COUNCIL 4kESH04 NO. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 5/6day of 4- ,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corp ation and said instrument was executed on behalf of the City. al', G...... „.-L,,,,,,ki.A.." , Notary Public AM:1,:. AUSSA A.WINTERNHEIMER q:-_-.s.t4zNOTARY PUBLIC-MINNESOTA 1 STATE OF MINNESOTA My�0 Expires Jan.31,2006 COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of F-1 ck-Cc LS t- ,2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Irt- 'r RACHEL DODGE /e-"' ff Notary Public `, € ' �' NOTARY PUBLIC-MINNF:OTA .` ,, . My Commission Expire,Jan.3'i,2005 , • Page6of7 0 0\v CITYof ORONO ) _ 1.. f ' G~ RESOLUTION OF THE CITY COUNCIL ��$SH04� NO. b 0 2 2 STATE OF MINNESOTA COUNTY OF HENNEPIN On this :eday of kcius -T , 2003, - \c-� �OL c ,- c-vi% personally appeared before me, V who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of a credible witness ' and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Ili!, 4 61-k-N\ ,,„„4-t.-4- DARLENE JACKSON NOTARY PUBLIC-MINNESOTA `" MY CCMMISSICN EXPIRES 1.3t•2005 STATE OF MINNESOTA ■vNwvww„ .,,,,,,,,,,,w~ ,,,,, ., COUNTY OF HENNEPIN On this7.S day of 1\00kUSt , 2003, 1)111 t�i personally appeared before me, 1' / who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. 00a31..kAll Ilk 4 1-4 DARLENE JACK •N �• NOTARY PU9UC•MINNESOT.4 •- 7Y.�`'' MY COMMISSION EXPIRES 1.31-2005 Page 7 of 7